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Ministers Without Portfolio..... IS UNCONSTITUTIONAL. - Politics - Nairaland

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Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 11:19pm On Nov 03, 2015
The recent statements from the chief executive of the fedration of Nigeria that he would not be assigning portfolios to all the nominees has stired the political atmosphere, I decided to take a holistic, moralistic and constitutional look at the whole thing.

First, constitutional speaking : section 147 sub(1) states that There shall be such offices as ministers of the government of the fedration as may be established by the president
. Sub2:Any appointment to the OFFICE OF THE MINISTER of the fedration shall, If the appointment is approved by the senate be made by the president
Sub3:any appointment under subsection 2 of this section shall be in conformity with section 14 of this constitution. With the caveat in keeping to the provision that a minister be appointed from. Each state of the fedration.

Subsection 1 as seen above established an OFFICE and not a ministerial slot. Subsection 2 consequently mandated that such appointment be confirmed by the senate, however it clearly stated that such appointment is into an OFFICE and into a cabinet with a ministerial office and not just to serve as a cabinet sitter. According to the president such ministers who would be having no portfolio would merely be cabinet members. Being a member of cabinet is one without an office, he is merely sitting to deliberate with others and is not going to partake in executing government functions, his position is less than that of a special adviser.

Morally speaking.. If such supposed cabinet members should all come from the south then it definitely would speak tribal of the present administration. The South East presently has no federal appointee (Real Igbo) If any of the prospective ministers from the East central should have no portfolio then Section 14(3) will equally be violated again.
Section 14(3) states that the composition. Of the government of Nigeria. Or its agencies shall reflect the federal character so as to promote national unity and command loyalty. If after December and easterners and southerners are yet to be fully accommodated then the government would be tribal and morally deprave.

The quick explanation given by Femi Adesina would have doused the tension and would have been a panacea to the seemingly lack of fund by government but the recent rebuttal. From the president speaks volume to the fact that he is really determined to humiliate the clear constitutional provisions and he is gladly supported by the chief legislator of the country.





Cc :lalasticlala.

1 Like

Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by Lhanre(m): 12:31am On Nov 04, 2015
It is surprising that many Nigerians just want to pick issues with whatever PMB says without properly analyzing and understanding it, though he has been speaking English. When the President talks about ministers without portfolio, and the Senate President said it is not a new development in Nigeria, common sense would let one know that we are talking about ministers of state. Especially as the SSA to the President has already mentioned that.

There is nothing unconstitutional about the stand of the President on all these, as he said the constitution did not mandate him to run 36 ministries, even GEJ did not run 36 despite having 42 ministers. Even the so-called ministers of state are not entirely without portfolio as they are assigned to oversee departments or agencies under particular ministries e.g minister of state for defence (Air force), so they are actually assistant ministers.

Finally I think there is only an issue of equity and not a constitutional one, concerning which states and region gets the substantial or so-called non-portfolio positions. However it would be good if someone challenges this to get a judicial position.
,
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by globalresource: 12:46am On Nov 04, 2015
Issorait
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 7:46am On Nov 04, 2015
Lhanre:
It is surprising that many Nigerians just want to pick issues with whatever PMB says without properly analyzing and understanding it, though he has been speaking English. When the President talks about ministers without portfolio, and the Senate President said it is not a new development in Nigeria, common sense would let one know that we are talking about ministers of state. Especially as the SSA to the President has already mentioned that.

There is nothing unconstitutional about the stand of the President on all these, as he said the constitution did not mandate him to run 36 ministries, even GEJ did not run 36 despite having 42 ministers. Even the so-called ministers of state are not entirely without portfolio as they are assigned to oversee departments or agencies under particular ministries e.g minister of state for defence (Air force), so they are actually assistant ministers.

Finally I think there is only an issue of equity and not a constitutional one, concerning which states and region gets the substantial or so-called non-portfolio positions. However it would be good if someone challenges this to get a judicial position.
,
I quiet agree partially with your stand but if u has been diligent enough to complete the article I would have probably agreed fully with. The position u presented as the probable meaning of 'ministers without portfolio' was exactly the same thing interpreted by Femi Adesina however, The president yesterday tacitly reinstated that he Must have ministers without portfolios meaning that they definitely are not going to be ministers of state. I equally hope that one will go to court to get a judicial interpretation
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 7:49am On Nov 04, 2015
Ministers of state definitely have portfolios and it is clear that that is not what PMB wants to do.
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by wisdomguy4u(m): 9:05am On Nov 04, 2015
OP ! There is nothing like real Igbo and non-real Igbo , Igbo is Igbo everywhere, just like yoruba is yoruba everywhere.

What we have is Igbos in SS and those in SE . The federal appointment is pick by region and state and not really by tribe. So the SS needs federal appointment, and SE needs federal appointment too irrespective of the fact that we have Igbos in SS and SE
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by adaweezy(m): 9:31am On Nov 04, 2015
lawflec:
The recent statements from the chief executive of the fedration of Nigeria that he would not be assigning portfolios to all the nominees has stired the political atmosphere, I decided to take a holistic, moralistic and constitutional look at the whole thing.

First, constitutional speaking : section 147 sub(1) states that There shall be such offices as ministers of the government of the fedration as may be established by the president
. Sub2:Any appointment to the OFFICE OF THE MINISTER of the fedration shall, If the appointment is approved by the senate be made by the president
Sub3:any appointment under subsection 2 of this section shall be in conformity with section 14 of this constitution. With the caveat in keeping to the provision that a minister be appointed from. Each state of the fedration.

Subsection 1 as seen above established an OFFICE and not a ministerial slot. Subsection 2 consequently mandated that such appointment be confirmed by the senate, however it clearly stated that such appointment is into an OFFICE and into a cabinet with a ministerial office and not just to serve as a cabinet sitter. According to the president such ministers who would be having no portfolio would merely be cabinet members. Being a member of cabinet is one without an office, he is merely sitting to deliberate with others and is not going to partake in executing government functions, his position is less than that of a special adviser.

Morally speaking.. If such supposed cabinet members should all come from the south then it definitely would speak tribal of the present administration. The South East presently has no federal appointee (Real Igbo) If any of the prospective ministers from the East central should have no portfolio then Section 14(3) will equally be violated again.
Section 14(3) states that the composition. Of the government of Nigeria. Or its agencies shall reflect the federal character so as to promote national unity and command loyalty. If after December and easterners and southerners are yet to be fully accommodated then the government would be tribal and morally deprave.

The quick explanation given by Femi Adesina would have doused the tension and would have been a panacea to the seemingly lack of fund by government but the recent rebuttal. From the president speaks volume to the fact that he is really determined to humiliate the clear constitutional provisions and he is gladly supported by the chief legislator of the country.





Cc :lalasticlala.
You just beat around the bush, anyway can you grant me the permission to use your article elsewhere ?
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by miqos02(m): 9:32am On Nov 04, 2015
no
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by wachakuta(m): 9:37am On Nov 04, 2015
OP in ur infinite wisdom pls explain to US if ' Minister of state' is actually in in Constitution and if dat is really a portfolio

I said it... the 16yrs of rule by d Devil known as PDP has removed common sense from some Nigerians. We have 28 ministries and 36 ministers... how can they all ve portfolio??

U have a Minister For and Minister Of. Dat is pure nonsense
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by wirinet(m): 9:46am On Nov 04, 2015
lawflec:
The recent statements from the chief executive of the fedration of Nigeria that he would not be assigning portfolios to all the nominees has stired the political atmosphere, I decided to take a holistic, moralistic and constitutional look at the whole thing.

First, constitutional speaking : section 147 sub(1) states that There shall be such offices as ministers of the government of the fedration as may be established by the president
. Sub2:Any appointment to the OFFICE OF THE MINISTER of the fedration shall, If the appointment is approved by the senate be made by the president
Sub3:any appointment under subsection 2 of this section shall be in conformity with section 14 of this constitution. With the caveat in keeping to the provision that a minister be appointed from. Each state of the fedration.

Subsection 1 as seen above established an OFFICE and not a ministerial slot. Subsection 2 consequently mandated that such appointment be confirmed by the senate, however it clearly stated that such appointment is into an OFFICE and into a cabinet with a ministerial office and not just to serve as a cabinet sitter. According to the president such ministers who would be having no portfolio would merely be cabinet members. Being a member of cabinet is one without an office, he is merely sitting to deliberate with others and is not going to partake in executing government functions, his position is less than that of a special adviser.

Morally speaking.. If such supposed cabinet members should all come from the south then it definitely would speak tribal of the present administration. The South East presently has no federal appointee (Real Igbo) If any of the prospective ministers from the East central should have no portfolio then Section 14(3) will equally be violated again.
Section 14(3) states that the composition. Of the government of Nigeria. Or its agencies shall reflect the federal character so as to promote national unity and command loyalty. If after December and easterners and southerners are yet to be fully accommodated then the government would be tribal and morally deprave.

The quick explanation given by Femi Adesina would have doused the tension and would have been a panacea to the seemingly lack of fund by government but the recent rebuttal. From the president speaks volume to the fact that he is really determined to humiliate the clear constitutional provisions and he is gladly supported by the chief legislator of the country.





Cc :lalasticlala.

The bolded part of the quote gives the president the discretion to create offices of ministers. It says as may be established by the president and not as must be established by the president. It did not specify that the president must create 36 ministries.

Since the beginning of this democratic dispensation we have never had 36 ministries, so we have always had ministers without portfolios.
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by patrick89(m): 10:13am On Nov 04, 2015
lawflec:
The recent statements from the chief executive of the fedration of Nigeria that he would not be assigning portfolios to all the nominees has stired the political atmosphere, I decided to take a holistic, moralistic and constitutional look at the whole thing.

First, constitutional speaking : section 147 sub(1) states that There shall be such offices as ministers of the government of the fedration as may be established by the president
. Sub2:Any appointment to the OFFICE OF THE MINISTER of the fedration shall, If the appointment is approved by the senate be made by the president
Sub3:any appointment under subsection 2 of this section shall be in conformity with section 14 of this constitution. With the caveat in keeping to the provision that a minister be appointed from. Each state of the fedration.

Subsection 1 as seen above established an OFFICE and not a ministerial slot. Subsection 2 consequently mandated that such appointment be confirmed by the senate, however it clearly stated that such appointment is into an OFFICE and into a cabinet with a ministerial office and not just to serve as a cabinet sitter. According to the president such ministers who would be having no portfolio would merely be cabinet members. Being a member of cabinet is one without an office, he is merely sitting to deliberate with others and is not going to partake in executing government functions, his position is less than that of a special adviser.

Morally speaking.. If such supposed cabinet members should all come from the south then it definitely would speak tribal of the present administration. The South East presently has no federal appointee (Real Igbo) If any of the prospective ministers from the East central should have no portfolio then Section 14(3) will equally be violated again.
Section 14(3) states that the composition. Of the government of Nigeria. Or its agencies shall reflect the federal character so as to promote national unity and command loyalty. If after December and easterners and southerners are yet to be fully accommodated then the government would be tribal and morally deprave.

The quick explanation given by Femi Adesina would have doused the tension and would have been a panacea to the seemingly lack of fund by government but the recent rebuttal. From the president speaks volume to the fact that he is really determined to humiliate the clear constitutional provisions and he is gladly supported by the chief legislator of the country.





Cc :lalasticlala.
you be mumu! there's nothing like real igbo I'm from anambra fyi. idiots everywhere. God go punish you for even describing some people as real and fake!
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 3:33pm On Nov 04, 2015
wirinet:


The bolded part of the quote gives the president the discretion to create offices of ministers. It says as may be established by the president and not as must be established by the president. It did not specify that the president must create 36 ministries.

Since the beginning of this democratic dispensation we have never had 36 ministries, so we have always had ministers without portfolios.
Exactly brother.. But the point here is not as to how many ministries but as to Manning the ministries so created by the president even if it is one.. However, since the constitution mandated him to have at least 36 ministers appointed into an office of a minister of the federal Republic he must therefore fit in all the 37 ministers into the ministries even though some will Mann still affairs of the ministry. But it is unconstitutional to have ministers without portfolio I. Each without an office even though it is that of a state.
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 3:36pm On Nov 04, 2015
patrick89:
you be mumu! there's nothing like real igbo I'm from anambra fyi. idiots everywhere. God go punish you for even describing some people as real and fake!
what will it profit if u take joy in insultive post. Would it not be better to lay your comment in a matured way and the leave. For your understanding, Ika have almost the same language and culture with igbo but a vast majority of them deny igbo as their ancestry. Or have u forgotten that Ikeerre denies igbo origin yet speak. Igbo.
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 3:38pm On Nov 04, 2015
adaweezy:

You just beat around the bush, anyway can you grant me the permission to use your article elsewhere ?
then you just acknowledge me wherever u use it. If it's print media. Then my full name... Thanks.
Re: Ministers Without Portfolio..... IS UNCONSTITUTIONAL. by lawflec(m): 6:19pm On Nov 04, 2015
wirinet:


The bolded part of the quote gives the president the discretion to create offices of ministers. It says as may be established by the president and not as must be established by the president. It did not specify that the president must create 36 ministries.

Since the beginning of this democratic dispensation we have never had 36 ministries, so we have always had ministers without portfolios.
It is very constitutional to operate even the least number of ministry u can think of because the constitution aays"there shall be such offices as ministers of the government of the fedration as may be established by the president "hence, running 26 ministries or less is constitutional. Secondly the constitution neither said minister of state or merely minister both are the same. But my grouse is that appointing persons as cabinet members and they neither head a ministry nor state ministry is unconstitutional. Mind you state ministry is also a ministry it is not less a ministry.

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