Following the dubious suggestion by Senator Dino Melaye that at least two Senators from the state of origin of a ministerial nominee must endorse the nominee to pass the ministerial screening, we decided to do a research on the matter. We found four pertinent provisions in the constitution and one Senate Standing Rule relating to appointment and screening of ministers. None of these laws referred to the compulsory endorsement of a nominee by at least two Senators from the nominee’s state of origin. Our investigation focused on sections 147(1-3, 6) of the constitution, and section 120 of the Senate Standing Rules. For ease of readership, we have endeavoured to explain these laws into three parts as discussed below:
Part 1: Section 147 of the Constitution:
(1) “There shall be such offices of Ministers of the Government of the Federation as may be established by the President.”
(2) “Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.”
(3) “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.”
(6) “An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.”
Part 2: The Senate Standing Rules:
Section 120: “That the Senate shall not consider the nomination of any person, who has held any public office as contained in Part 2 of the Fifth Schedule of the Constitution prior to his nomination unless there is a written evidence that he has declared his assets and liabilities as required by Section 11(1) of Part 1 of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria; such declaration shall be required for scrutiny by the senators.”
Part 3: Explaining the legal jargon:
Section 147(1) is the relevant section of the Nigerian constitution that empowers the President to appoint ministers in the first instance. Section 147(2) stipulates that the President’s nominees as ministers shall be confirmed by the Senate. Section 147(3) stipulates that the President should appoint at least one minister from each of the 36 states of the federation. Even though Section 147(3) empowers the Senate to confirm the President’s nominations, section 147(6) empowers the President to ratify the nominees if the Senate fails to confirm them after 21 days of submission of their names to the Senate.
The constitution has clearly favoured the President over the Senate in this matter. This explains why the Bukola Saraki cabal in the Senate has been restless, and misleading the public about an illegal compulsory endorsement of a nominee by two Senators of the nominee’s state of origin. Note that when Dino Melaye addressed the press regarding this issue on Thursday (29/9/2015), he explained sections 147(1-3). However, section 147(6) was conspicuously missing from his explanation.
Despite the fact that the Senate President himself is at the Code of Conduct Tribunal for grandeur theft, money laundering and failure to declare his assets, which makes him hardly a role model for the ministers, for the sake of transparency, integrity and accountability of the screening process, we the masses strongly endorse a strict enforcement of section 120 of the Senate Standing Rules eluded to above.
We however reject the preposterous suggestion that the nominees must be endorsed by at least two Senators from their state of origin. We contend that imposing this bogus condition under the current political climate will simply introduce avenues for bribery, corruption, and unnecessary delay ratifying the ministers.
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May God save Nigeria and Nigerians. Amen.