In the beginning, I was one of those who were unconcerned that Muhammadu Buhari had refused to appoint ministers. Today, though not worried; I’m apprehensive, as other patriotic Nigerians, that the President has decided to run the entire country alone.
He has become the sole administrator of Nigeria. He is the minister in charge of all the ministries. He is also the chairman of all the boards of agencies and commissions. Until a few days ago, he was equally the chairman of governing councils of universities.
Perhaps, the Biblical Apostle Paul had Buhari in mind when he said: “I can do all things through Christ who strengthens me” (Philippians 4:13).
Our president can do all things; and is doing them. He is daily unfolding the change agenda without the help of any minister.
It is possible that non-appointment of ministers since May 29 has saved the country millions of naira that would either have gone into some deep pockets as salaries and allowances or disappear as stolen funds.
However, what about the losses incurred; you haven’t noticed the administrative blunders? Who does the president consult before taking any executive decision? I don’t want to guess. Still we pretend as though all is well.
Wait a minute; perhaps, Nigerians should actually be grateful to the APC for producing such an extraordinary person as Buhari with a rare physical might and exceptional intellect to run the country singlehandedly.
It is uncommon – that is, if it has ever been done before – for a country of more than 170 million people to be governed by just one individual whose actions and inactions are neither supervised nor questioned by anyone; not even the National Assembly. He is solely accountable to himself. He knows it all.
For instance, the president last week appointed and inaugurated a new executive management team for the Asset Management Corporation of Nigeria (AMCON) without fulfilling conditions set out for such appointments by the Act establishing AMCON; and even the Constitution.
I can only imagine what would happen in the immediate past if former President Goodluck Jonathan had made such appointments and had gone ahead to inaugurate same in breach of existing statutes.
Some activists would have shut down the highways by now in protest while the House of Representatives, led by the Young Turks, would have commenced impeachment proceedings straight away by collecting and duplicating signatures.
By the AMCON Act and the constitution, the president is expected to merely nominate appointees to that office and forward their names to the Senate for screening and confirmation. It is the prerogative of the Senate to either confirm or reject the nomination.
Section 10(1) of the Act states: “The board shall consist of the following members to be appointed by the president subject to the confirmation of the Senate; (a) a part time chairman who shall be a nominee of the Federal Ministry of Finance in consultation with the minister; (b) a managing director who shall be the chief executive officer of the corporation nominated by the Central Bank of Nigeria (CBN); (c) three executive directors who shall be nominated by the CBN in consultation with the minister; and (d) five other non-executive directors, two to be nominated by the Federal Ministry of Finance, two by the CBN, and one the Nigerian Deposit Insurance Corporation.”
As can be seen, appointment of these officers, which has already been done by the president, requires active involvement of the CBN, the Federal Ministry of Finance and the minister of finance.
The president is actually the last authority on the nomination protocol.
Let’s assume that the president involved the CBN and the Ministry of Finance in making the appointment; what about the minister of finance who is yet to be appointed? That section of the law does not suggest representation.
I believe that if the president had appointed the minister of justice and attorney general of the federation, these procedural blunders would have been avoided. Somebody in that capacity would have advised against the illegality already demonstrated.
As observed by constitutional lawyer, Professor Ben Nwabueze, ruling Nigeria for almost three months without ministers or a team of advisers seems like a breach of the governmental system established for the country by the constitution.
Let me conclude with a quote from the former chairman of the Revenue Mobilisation, Allocation and Fiscal Commission, Hamman Tukur, in an interview with a prominent online newspaper on the bailout to states implemented by the president.
He said: “Buhari gave out a lot of money to states recently in the name of bail-out. Who gave him that money? How did he get access to the Federation Account, or the authority to release that money? Did he go through appropriation for approval? If he released the money before it was approved, then it is illegal.
“…Some people argue that the money used for the bail-out was from the Nigeria LNG dividend. But, the Constitution is very clear: all revenues of government must go into the Federation Account first before anything.
“The only exception that is made is written in the Constitution itself, and that is Armed Forces, including the military, Police and Federal Capital Territory (FCT).
“Anybody or agency paying tax to government for whatever description it should be channelled to the Federation Account.
“…Exceptions are clear, so that no one can pretend. What that means is that…if any money must be released, the National Assembly must be approached for supplementary appropriation.”
On this note, I rest my case.
