Emefiele’s audacity and Appeal Court ruling woke Buhari from slumber
By Jeph Ajobaju, Chief Copy Editor
Muhammadu Buhari has been sleeping on the job, literally, with his political appointees behaving as though independent of government, but the audacity of impunity displayed by Godwin Emefiele really jolted the President from slumber.
Buhari inevitably bowed to public pressure on him to get rid of political appointees seeking election because they were using their offices to collect both goodwill and bribe to fund their campaigns.
Emefiele went to court on 9 May to challenge the law barring him from running for President while working as Central Bank of Nigeria (CBN) Governor. Hearing in the case was fixed for 12 May. A day to go, Buhari cut him short.
Federal Attorney General and Justice Minister Abubakar Malami was also wrong-footed by Buhari’s order at the Federal Executive Council (FEC) meeting on Wednesday that all Ministers seeking elective offices resign immediately.
Malami is still stunned by his removal from his exalted position which he has abused by killing or stalling the court cases of his cronies – such as the N7.9 billion money laundering charge against Senator Stella Oduah.
Malami, the worst chief law officer in Nigeria’s history, is seeking to be Kebbi Governor. Last week, he distributed 30 expensive cars to his supporters in the state who are spearheading his campaign as he shuttles between Abuja and Birni Kebbi.
All heads of Ministries, Departments, and Agencies (MDAs) contesting for election at any level are affected by the order to resign.
Ministers running for President and other positions who are affected include
- Rotimi Amaechi – Transportation Minister (President)
- Godswill Akpabio – Niger Delta Minister (President)
- Christ Ngige – Labour and Employment Minister (President)
- Ogbonnaya Onu – Science and Technology Minister (President)
- Chukwuemeka Nwajiuba – Education Minister of State (President)
- Abubakar Malami – Attorney General Justice Minister (Kebbi Governor)
- Uche Ogar – Mines and Steel Minister of State (Abia Governor)
- Pauline Tallen – Women Affairs Minister (Plateau Senator)
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Related articles:
Buhari wakes up! tells Amaechi, Malami, et al to resign
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Malami joins contest for Kebbi governorship as APC favourite
#FixPolitics demands Emefiele’s resignation, sack
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Buhari laughs off Ngige’s grandstanding
Nwajiuba had submitted his resignation on 28 April to avoid conflict of interest in his run for the Villa.
“The President actually approved his resignation upon resumption from the Eid break May 3rd before he travelled to Abidjan,” a source told The PUNCH.
“The Minister continued his work since the President had not announced his resignation officially as protocol demands. The President announced his resignation today [Wednesday] at FEC before giving the order.”
Akpabio, Onu, and Ogar submitted their letters of resignation to the Secretary to the Government of the Federation, Boss Mustapha, after the FEC meeting on Wednesday.
Ngige, however, was still grandstanding by the evening, boasting he would not resign until he got further clarification from Buhari. Garrulous Malami was too shocked for words. He kept mum.
Malami’s equally arrogant spokesman Jibrilu Gwandu also refused to speak, according to reporting by The PUNCH.
Buhari reacted by directing Mustapha in the evening of 11 May to issue a circular on the “immediate effect” of his order. The circular, dated 11 May, was released in the early hours of 12 May.
Impact of Appeal Court ruling
Another factor that influenced Buhari’s decision is the of the Court of Appeal ruling in Abuja earlier on Wednesday which set aside the judgment of the Federal High Court in Umuahia that voided Section 84(12) of the Electoral Act 2022.
The section says political appointees cannot vote for someone or be voted for at party conventions and primaries. If they do so without resigning their posts, those elected at the conventions and primaries will be disqualified for the office they seek.
But the court added that Section 84 (12) of the Electoral Act is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denies a class of citizens their right to participate in election.
The case is expected to go all the way to the Supreme Court, which may nullify or uphold the judgment.
House of Representatives Speaker Femi Gbajabiamila warned in an interview with the London Service of Channels Television on April 27 that those vying for elective posts without resigning their political jobs run the risk of being disqualified.
“The risk they run at the end of it all is if the court does find that the National Assembly was well within its rights to make such a provision that you are contesting an election while still a political appointee, then you are on a very serious risk of having your election bid annulled,” he said.
Circular on resignation
The circular Mustapha issued reads:
“Mr. President has observed and noted the expression of interest and intention by some members of the Federal Executive Council, Heads of Extra-Ministerial Departments, Agencies, Parastatals of Government, Ambassadors and other Political Office holders to contest the upcoming Presidential, Gubernatorial, National and State Assemblies’ elections.
“Consequently, Mr. President has directed that the affected office holders aspiring to run for various offices in the 2023 General Elections should tender their resignation on or before Monday, the 16th of May, 2022.
“For the avoidance of doubt, this directive affects all Ministers, Heads and Members of Extra-Ministerial Departments, Agencies and Parastatals of Government, Ambassadors as well as other political appointees who desire to contest for elective offices.
“For smooth running of the machinery of government and our foreign Missions, affected Ministers are to hand over to Ministers of State where they exist or to the Permanent Secretary, where there is no Minister of State.
“Ambassadors shall hand over to their Deputy Heads of Mission or the most Senior Foreign Service Officer in line with established practices.
“Similarly, Heads of Extra-Ministerial Departments, Agencies and Parastatals are to hand over to the most senior Director/Officer as may be peculiar to the organisation, in line with the service wide Circular No. SGF.50/S. Il/C.2/268 of 4th December, 2017.
“The contents of this circular and the incidental directives, take effect immediately.”
Lawyers slam Buhari for acting late
Lawyers criticised Buhari for acting too late to stop the drama and corruption associated with the political campaign of his appointees, according to views collated by The PUNCH.
Ebun-Olu Adegboruwa, SAN
“It is belated. The President has acted belatedly. He should not have allowed his appointees to cause confusion and tension in the land for this long, and I have been praying since I heard the news that somebody will not say it is fake news in the evening.
“Because [in] this regime, when someone says good morning, you have to go and check. So we pray that [the news] will be correct. If it is so, it is the only good thing that this regime has done in recent times, but it is coming belatedly.
“Nigerians put pressure on the President, that is why he took this decision.”
Ifedayo Adedipe, SAN
“The decision is the right decision but belated. However, it is better late than never. His timely intervention would have saved us from the charade of every Dick and Harry in his cabinet purchasing the N100 million form.
“They did this without any fear that they would be picked up and asked to give an account of where they got the money from. The standard set by this administration in public probity is low.
“How did a serving Minister raise N100 million? Is it from his estacode, allowances or salaries? That the forms were bought by groups is not convincing.”
Lekan Ojo
“The directive by the President is most welcome, it coincides with the wishes and aspirations of many Nigerians regarding the need for political appointees to resign if they want to seek elective positions.
“You cannot claim to be a Minister; today you’re in Ibadan, tomorrow in Akwa Ibom to meet this or that. What that means clearly is that you’ve abandoned your ministerial duties.
“If you want to exercise your right to contest, you should be able to do away with whatever benefits or appointments you’re enjoying because there is no way you can devote your time.
“None of those Ministers can tell us he or she devotes his time to the side of the ministerial duties.”
