Following the dubious suggestion by Senator Dino Melaye that at least two Senators from the state of origin of a ministerial nominee must endorse the nominee to pass the ministerial screening, we decided to do a research on the matter. We found four pertinent provisions in the constitution and one Senate Standing Rule relating to appointment and screening of ministers. None of these laws referred to the compulsory endorsement of a nominee by at least two Senators from the nominee’s state of origin. Our investigation focused on sections 147(1-3, 6) of the constitution, and section 120 of the Senate Standing Rules. For ease of readership, we have endeavoured to explain these laws into three parts as discussed below:

Part 1: Section 147 of the Constitution:

(1) “There shall be such offices of Ministers of the Government of the Federation as may be established by the President.”

(2) “Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.”

(3) “Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:-

Provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.”

(6) “An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.”

Part 2: The Senate Standing Rules:

Section 120: “That the Senate shall not consider the nomination of any person, who has held any public office as contained in Part 2 of the Fifth Schedule of the Constitution prior to his nomination unless there is a written evidence that he has declared his assets and liabilities as required by Section 11(1) of Part 1 of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria; such declaration shall be required for scrutiny by the senators.”

Part 3: Explaining the legal jargon:

Section 147(1) is the relevant section of the Nigerian constitution that empowers the President to appoint ministers in the first instance. Section 147(2) stipulates that the President’s nominees as ministers shall be confirmed by the Senate. Section 147(3) stipulates that the President should appoint at least one minister from each of the 36 states of the federation. Even though Section 147(3) empowers the Senate to confirm the President’s nominations, section 147(6) empowers the President to ratify the nominees if the Senate fails to confirm them after 21 days of submission of their names to the Senate.

The constitution has clearly favoured the President over the Senate in this matter. This explains why the Bukola Saraki cabal in the Senate has been restless, and misleading the public about an illegal compulsory endorsement of a nominee by two Senators of the nominee’s state of origin. Note that when Dino Melaye addressed the press regarding this issue on Thursday (29/9/2015), he explained sections 147(1-3). However, section 147(6) was conspicuously missing from his explanation.

Despite the fact that the Senate President himself is at the Code of Conduct Tribunal for grandeur theft, money laundering and failure to declare his assets, which makes him hardly a role model for the ministers, for the sake of transparency, integrity and accountability of the screening process, we the masses strongly endorse a strict enforcement of section 120 of the Senate Standing Rules eluded to above.

We however reject the preposterous suggestion that the nominees must be endorsed by at least two Senators from their state of origin. We contend that imposing this bogus condition under the current political climate will simply introduce avenues for bribery, corruption, and unnecessary delay ratifying the ministers.
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May God save Nigeria and Nigerians. Amen.

SOURCE>>>> https://cupsnigeria./2015/10/11/learn-about-screening-ministers-according-to-the-constitution-of-the-federal-republic/

This was really helpful......

Despite the fact that the Senate President himself is at the Code of Conduct Tribunal for grandeur theft, money laundering and failure to declare his assets, which makes him hardly a role model for the ministers, for the sake of transparency, integrity and accountability of the screening process, we the masses strongly endorse a strict enforcement of section 120 of the Senate Standing Rules eluded to above.

I had wanted creating a thread on this... But have been too busy.

The quoted part isn't supposed to be taken lightly..
The Buhari's led administration promised us that it'll follow due constitutional process to give Nigerians a better leadership.

This is very annoying with the constitution which is set aside to guide this country is being manipulated by criminals to favour them.

This are the same people telling the country it's fight against corruption, But yet engulfed much corruption than the previous administration.

Same APC kogi aspirant asked Nigerians to vote for him before he could pay back his looted money. Isn't this the height of it all? Why chasing other people and shielding your families alone?

On a serious note! I don't hate Buhari... But I am not buying his dullness.... He's too dull and incapable!

section 147(6) empowers the President to ratify the
nominees if the Senate fails to confirm them after 21 days of
submission of their names to the Senate.

Not that simple.

My friend stop twisting facts, I'm no lawyer but law to a very large extent is a readable subject.
The constitution did not say if the Senate fails to confirm just like that but if it fails to return the nominee - "....where no return has been received..." that ll imply for whatever reason the senate couldn't communicate its stand on any nominee to the president.

So in the event of a return being made, the nominee stands rejected and the president has no power at all other than send a new nominee. Simple.
Why do I feel u r the one trying to confuse people here.

and on the issue of two consenting senators from a nominee state, whether that actually take place or not, when the senate returns a nominee, it does so as the Senate as a whole and not as two senators, especially where it is not explicitly stated (as i assume) what numbers is required to confirm a nominee.
It ll be difficult to prove in court that a nominee was rejected by two senators except majority of them follow u to court or by signature.

With Senate not sitting tomorrow, Chibuike Amaechi will automatically become a Minister of the Federal Republic.

Sai Amaechi. Wailers how far?

egift:
With Senate not sitting tomorrow, Chibuike Amaechi will automatically become a Minister of the Federal Republic.

Sai Amaechi. Wailers how far?

Bros, 21 working days from September 30th 2015 is 30th October 2015.

egift:
With Senate not sitting tomorrow, Chibuike Amaechi will automatically become a Minister of the Federal Republic.

Sai Amaechi. Wailers how far?

Bros, 21 working days from September 30th 2015 is 30th October 2015. Please note that I am neither APC nor PDP. Just stating the fact.

egift:
With Senate not sitting tomorrow, Chibuike Amaechi will automatically become a Minister of the Federal Republic.

Sai Amaechi. Wailers how far?

Whoa... Smart thinking, @egift. However, I believe the Constitution stipulates 21 WORKING days, not just calendar ones. The extra working days can pass by very quickly as well, though.

Having said that, I make bold to add that, whoever/whatever interest has been engineering these postponement moves, is a genius against the PDP. It's probably also an effort to prevent a division vote on the floor of the Senate over this Amaechi matter. Maybe the APC still can't count on ALL of the party's senators to toe the caucus line - at least not yet?

Hmm.

P34c3
.....
...

egift:
With Senate not sitting tomorrow, Chibuike Amaechi will automatically become a Minister of the Federal Republic.

Sai Amaechi. Wailers how far?

So you can't even calculate 21 working days baa?
SMH

Write up like is what we need in times like this.

Lalasticlala abeg do the needful.

Nice long poo

Constitution!

Need something on Jumia?
Contact me through my signature!!

Hmm. But they won't follow that strictly.

No need to learn the constitution of the Zoo call nigeria


Wailing over to you

21 days

nice one.. Now, we know who and who are Nigeria enemy of progress..

We have moved past this already. If the senators don't know what the constitution says, we know. And that's why we are sure that we have a minister in Amaechi.




BUHARI is brilliant!

Informative. Hope the

OK

https://www.youtube.com/watch?v=gE6CflLs0cc

Makes sense

Our quanstitution is ok..bt to follow am be the wahala

K

ok

Good write-up. Educating.

21 working days is at the end of the month... I'm sure the screening would be done on thursday.

quite enlightening
but u sound too partisan (APC )
lighten up a bit.
Assume a neutral stand and
ur message will garner wider acceptability.

lastly,
Stop boiling cos of Amaechi's plight.
We both know he is not any holy.
plus,
he is a big boy.
trust me,
he can take care of himself.
worry about your biznes.
unless,
he is paying for ds.
gnyt.

tinkinjow:
section 147(6) empowers the President to ratify the
nominees if the Senate fails to confirm them after 21 days of
submission of their names to the Senate.

Not that simple.

My friend stop twisting facts, I'm no lawyer but law to a very large extent is a readable subject.
The constitution did not say if the Senate fails to confirm just like that but if it fails to return the nominee - "....where no return has been received..." that ll imply for whatever reason the senate couldn't communicate its stand on any nominee to the president.

So in the event of a return being made, the nominee stands rejected and the president has no power at all other than send a new nominee. Simple.
Why do I feel u r the one trying to confuse people here.

and on the issue of two consenting senators from a nominee state, whether that actually take place or not, when the senate returns a nominee, it does so as the Senate as a whole and not as two senators, especially where it is not explicitly stated (as i assume) what numbers is required to confirm a nominee.
It ll be difficult to prove in court that a nominee was rejected by two senators except majority of them follow u to court or by signature.

what are u saying nau