Buhari has tied himself up with the law -Legal expert

In the wake of President Muhammadu Buhari’s recent outburst in India Nigerian lawyer, Jiti Ogunye has said that it is unfortunate the President has been padlocked in chains by disgruntled elements in the corridors of power.

Speaking as a guest on Channels Television’s Sunrise Daily on Monday, November 2, the legal expert said the country does not need to revisit the constitution “The provision of the constitutions are not chains; they are not manacles,” he said.

Buhari told journalists in New Delhi, India, that Nigeria was “materially and morally vandalized,” before elaborating on how he planned to reduce the number of Ministries in his cabinet.

“We cannot work outside constitution; there must be a cabinet representative from each state. There used to be forty two ministers but I think we can barely keep half of that now because we cannot afford it.
“Others may not be substantive ministers but they will seat in the cabinet because that is what the constitution said and we can’t operate outside the constitution
“We are reducing the number of ministries we can’t afford to pay,” Buhari had said.

The All Progressives Congress, APC, National Leader Ahmed Bola Tinubu, the opposition Peoples Democratic Party, PDP, and a cross section of Nigerians have since condemned Buhari’s unguided utterances tending towards “demarketing Nigeria.”

Responding to Buhari Ogunye said “My view is that the provision of Section 147 of the constitution doesn’t mean it is compulsory to have 36 ministers on the basis of the 36 States.

“Section 147 Subsection 1 provides that there shall be ministers and the office of the ministers in the government of the federation shall be established by the President; he has the discretion to establish the number of ministries he wants,” he said.

He further explained that Section 147 Subsection 2 provides that the President shall appoint the Ministers if the nomination is confirmed while Section 147 Subsection 3 provides that, in making the appointments, the President has to abide by the provision of Section 143 of the constitution.

Section 143 stipulates that there must be at least, a Minister per State who must also be an indigene of such a State.

Speaking further the lawyer, stated, “It is constitutional if the President establishes 100 Ministries.”

“I do not take the view that, given the way the provision is presently worded, the President is under a duty to appoint 36 Ministers,” he maintained.
He however, gave an implication on the state of the finance of the country on the Ministers.
“I would advise that President Buhari have a reasoned position of the matter. The argument cannot be that we can’t pay ministers. If we can’t pay ministers, can we pay the President?
“Saying you can’t pay Ministers means Nigeria is going bankrupt.
“They are working statutorily, they must be paid. But, if the argument is that government had been too unwilted in the past, how did we get here?” he questioned.

Ogunye then gave a detailed explanation on the principles of federal character.

“The principle of federal character is a mechanism for managing diversity and plurality; ethnic, religious and political.
“The President had displayed federal character by giving the hint that he’s satisfied with the requirement of the constitution by appointing 36 persons as Ministers.”

He added that President Buhari ought to have submitted 18 names of ministerial nominees in order to appoint Special Advisers so as to compensate States that do not have ministerial nominees which would give room for a more efficient government.

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