Why President Buhari should "resign" as Petroleum Minister

By Festus Ogun

President Mohammadu Buhari is the President of Nigeria and the Minister of Petroleum. Please, don't hesitate to right me if I'm wrong.

Nigeria and its government are creations of law and must act within the confines of law. The powers established by the Constitution cannot act as if it is above its creator. The same way man cannot be above God, the creator.

In fact, it is the essence of the rule of law; the legal cum political principle that stipulates the supremacy of the constitution. See Section 1(1) & (3) of the 1999 Constitution.

All executive powers are contained under chapter 6 of the 1999 Constitution. Section 130 establishes the office of the President as "the Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation".

Interestingly, however, Section 138 of the 1999 Constitution provides that "the President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever". It is paraphrased as "President disqualification from other jobs" in the Constitution I use here.

There is no iota of doubt in the fact that the Ministers of Federal Government are part of the executive as established and provided for under Section 147.

So, to my understanding, the effect of Section 138 is that the President is not allowed by law to hold any other executive office(s), be it Ministerial or other Establishment of Certain Federal Executive Bodies as seen under Section 153.

Thus, it follows that President Mohammadu Buhari, who is the Minister of Petroleum, has breached the provision of Section 138. Following the rule in Section 138, it is illegal and unconstitutional for the President to hold such other executive position.

The President ought to serve as a very good example for the citizens, particularly in regards to being law abiding. Crossing the fine rubicon of constitutionalism is precarious to our general well being. Lawlessness ought not be condoned in a state created and guided by law. See the popular case of A.G. Abia State. & Ors. V. A.G. Federation.

It is understandable that President Buhari mean well for Nigeria. Yet, his activities should be carried out within the four walls of law. No matter how good his intention is, it must not toe the lane of unconstitutionality.

Answering the question why the issue is being raised at present, I will categorically state that it is better late than never. We've cried thousands times about its unconstitutionality during the period of the appointment. But, Nigerialy, it fell on deaf ears.

Now, it's time for this lawlessness to stop. I pray he respect the law and honourably "step down". For we are all subject to the law!

Festus Ogun

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