Editorial: Is Buhari constitutionally right to be Petroleum Minister?

It is no longer news that the much talked about Ministerial List of President Muhammadu Buhari has been made public by the Nigerian senate, with four ex governors and the NNPC GMD Ibe Kachikwu making the cut.

It is also in public domain that he, Buhari has expressed his desire to head the lucrative petroleum ministry, so as to bring stability to a sector that has been termed as the infamous 'Tower of Corruption'.

Ever since the president made his decision known, Lawyers and political watchers alike have been looking at the the legality or otherwise of the president actions.

The debate is pursuant to section 138 of the Nigerian constitution which states that “The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.”

The executive office stated above here implies the following:

1. Executive Office in a Privately Owned Firm.

2. Paid employment here implies been employed by a a company or a business outfit outside government.

It is important to also state that in a presidential system of government, all executive powers resides in the president and he may choose to delegate duties to the vice president and ministers appointed by him.

That the president is to occupy a ministry does not amount to him occupying another executive office as all ministers are only there to exercise the presidents powers indirectly as provided in section 5(1) (a) of the 1999 constitution which states:

“Subject to the provisions of this Constitution, the executive powers of the Federation shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.”

Former President Olusegun Obasanjo also relied on these provisions when he served as petroleum minister from 1999 to 2007.

From the forgoing, President Buhari is constitutionally  right to head the Petroleum Ministry.