The President
of the Senate of the Federal Republic
Through The
Distinguished Chairman
Senate
Committee on Ethics, Privileges and Public Petitions
Senate of the
Federal Republic
Three Arms
Zone, Abuja.
Dear Senator Samuel Anyanwu,
RE: NOMINATION OF SENATOR HADI SIRIKA (AN INDIGENE OF
KATSINA STATE).
PETITION AGAINST THE NOMINATION OF A SECOND MINISTER
FROM KATSINA STATE INTO THE FEDERAL EXECUTIVE COUNCIL AT A TIME WHEN OVER 10
STATES OF THE FEDERAL REPUBLIC ARE YET TO HAVE A SINGLE NOMINEE IN THE SAID
FEC.
I write in my
capacity as a Citizen of the Federal Republic of Nigeria concerned about the
need to uphold the sanctity and supremacy of the subsisting Constitution of the
Federal Republic, as amended, and overriding need to sustain and maintain a
semblance and reality of justice, equity and good governance amongst the
various constituent States and peoples of the Federal Republic of Nigeria.
Background
of Petition:
Following the
resolution on the floor of the Senate of the Federal Republic that persons concerned
about any aspects of the process or nominees for Ministerial positions by the
President of the Federal Republic should submit petitions to your office, I do
hereby humbly petition your office with regards to the nomination of Senator
Hadi Sirika, from Katsina State.
In the course
of his visit to France, President Muhammadu Buhari, announced, at a widely
publicized media event, that he intends to preside over the Ministry of
Petroleum affairs as the substantive Minister. President Buhari had in the
course of that media event given his reason for retaining the office of
Minister of Petroleum affairs as the need to maintain sanity and integrity and
a corruption-free Ministry.
Knowing the
perception of Nigerians, particularly, and the international community, at
large, of President Buhari as a man ‘who comes with a reputation of integrity’,
and considering Mr. President’s Constitutional powers to assign Ministerial
portfolios at his sole discretion, it can be considered that Mr. President was
neither lying nor bluffing but means to serve as the Minister of Petroleum of
the Federal Republic in his Cabinet.
President
Muhammadu Buhari, in his Letter to the Senate, via the President of the Senate
of the Federal Republic, nominated Senator Hadi Sirika, who hails from the same
Katsina State as President Buhari, as a person to be screened for purposes of
being appointed a Minister of the Federal Republic. The said nomination of Senator Hadi Sirika is
being made at a time when only 21 other persons representing 21 States of the
Federal Republic had been nominated as Ministers of the Federal Republic.
The nomination
of Senator Hadi Sirika at a time when President Buhari has announced himself as
a Minster of the Federal Republic, will give Katsina State the undue advantage
of having 2 representatives in the Federal Executive Council (FEC) at a time
when several other States are not represented on the said FEC.
The
Constitution:
Section 147 (3)
of the Constitution of the Federal Republic explicitly provides as follows:
Any appointment under
subsection (2) of this section by the President shall be in conformity with the
provisions of section 14(3) of this Constitution:- provided that in giving
effect to the provisions aforesaid the President shall appoint at least one
Minister from each State, who shall be an indigene of such State.
Section 14(3)
further provides as follows:
The composition of the
Government of the Federation or any of its agencies and the conduct of its
affairs shall be carried out in such a manner as to reflect the federal
character of Nigeria and the need to promote national unity, and also to
command national loyalty, thereby ensuring that there shall be no predominance
of persons from a few States or from a few ethnic or other sectional groups in
that Government or in any of its agencies.
It is thus
quite trite, following from the above provisions of the Constitution of the
Federal Republic that before any State of the Federal Republic can have two
representatives or two nominees on the FEC, all 36 States of the Federal
Republic and the Federal Capital Territory, Abuja, must have had one nominee
each or substantive confirmed and serving Ministerial appointees on the Federal
Executive Council.
The nomination
of Senator Hadi Sirika, if positively considered by the Senate, will directly
infringe the provisions, intendments and spirit of the Constitution of the
Federal Republic as it will accord Katsina State the unfair distinction of
having 2 of its indigenes, to wit: President Muhammadu Buhari and Senator Hadi
Sirika, in the Federal Executive Council, at a time when several States of the
Federation and the Federal Capital Territory, Abuja, have not gotten a single nominee
or representative on the Federal Executive Council. This would be in express
violation of explicit provisions of the Constitution of the Federal Republic.
Prolonged
inequity and unconstitutionality:
Considering the
length of time it has taken President Buhari to submit his nominees for
Ministerial appointments to the Senate and his several avowals and expressed
commitment to reduce the size of the Federal Executive Council and Ministries,
there is a high likelihood that if the Senate proceeds to consider and or
approve the nomination of Senator Hadi and accord Katsina State an unfair and
unconstitutional advantage in the Federal Executive Council, such inequity and
unconstitutionality may last for quite a prolonged and uncertain period.
It is my
contention, a contention based on and supported by explicit provisions of the
Constitution of the Federal Republic, that no State can have more than one
nominee or representative on the FEC at a time when all 36 States of the
Federation and the hFederal Capital Territory, Abuja, have not likewise had an
opportunity of having one nominee or representative on the said FEC.
Prayer:
In view of the
foregoing, I do hereby call upon the Senate of the Federal Republic to reject
the nomination of Senator Hadi Sirika on grounds that it will lead to a violation
Section 147 subsection 3 of the Constitution of the Federal Republic and to
also, likewise reject any further nomination for Ministerial appointments of
persons from States which are either already represented in the Federal
Executive Council or have a prior nominee already, until such a time as when
all 36 States of the Federation and the Federal Capital Territory, Abuja, would
have in compliance with Constitutional provisions, have had a substantive
Ministerial representative on the Federal Executive Council.
In respectful
and earnest anticipation of your positive consideration of this Petition.
Remain assured
of my highest regards
Picture: Image of the Constitution and Senate of the Federal Republic of Nigeria
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