2023: Ngige, Malami alleged withdrawal from presidential race illegal – Falana
Activist lawyer, Femi Falana, has said ministers who resigned over their political ambitions can only be reappointed after confirmation by the senate.
Recall that President Muhammadu Buhari had ordered those with political ambition in his cabinet to resign on or before May 16.
Following the directive, Chukwuemeka Nwajiuba, Minister of State for Education; Rotimi Amaechi, Minister for Transport; Godswill Akpabio, Minister of Niger Delta Affairs, and Ogbonnaya Onu, minister of science and technology had tendered their resignation letter.
However, Minister of Labour, Chris Ngige on Friday announced his withdrawal from the 2023 presidential race.
He said he withdrew from the race to concentrate on his job.
There are also reports that Malami has withdrawn from the Kebbi governorship race.
Reacting in a statement, Falana said the withdrawal was illegal.
He noted that the withdrawal constitutes a gross contravention of section 306 (2) of the Constitution.
”Such a withdrawal is “illegal” as it constitutes “a gross contravention of section 306 (2) of the Constitution which stipulates that the resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it”.
”Since the resignation of the former ministers has taken effect, they cannot return to the cabinet either on their own volition or on the directive of the President.
“The resignation of the ministers is not a cabinet reshuffle. It is akin to the removal of the former ministers by the President.
“Therefore, if the former ministers are going to be reappointed, the President is required by section 147 of the Constitution to submit names to the Senate for fresh screening and confirmation.”
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