The Federal High Court in Abuja has declared that President Muhammadu Buhari cannot legally double as the Minister of Petroleum Resources.

The court made the declaration on Thursday while giving judgment in a suit filed last year by a former President of the Nigerian Bar Association, Dr. Olisa Agbakoba (SAN).

Agbakoba had, in the suit, urged the court to restrain Buhari from continuing to hold the office of the Minister of Petroleum Resources.


The SAN had contended that Section 138 of the 1999 Constitution forbids the President from “holding any other executive office or paid employment.”

In a statement on Friday by his office, Agbakoba said the court in deciding the case held that Buhari had not violated Section 138, since he is not directly in charge of the day-to-day running of the Ministry of Petroleum Resources.


The court, according to the statement, said there would have been a violation if Buhari had not appointed someone else — Dr. Ibe Kachikwu — to oversee the day-to-day running of the Ministry of Petroleum Resources.

The court explained that the phrase “hold” in Section 138 of the constitution “meant to preside, act, to possess, occupy or conduct the actual day to day running of the office.”


“Merely proclaiming/announcing that he (the President) was the Minister of Petroleum is not enough to conclude that he holds the office of minister,” the court reportedly declared.

In the suit, Agbakoba had said as a legal practitioner with 40 years’ experience and having checked the Constitution, he was convinced that President Muhammadu Buhari cannot legally hold the office of the Minister of Petroleum Resources and thus urged the court to sack him.


He contended that Buhari was not screened for the ministerial job by the Senate, as required by the constitution.

He urged the court to determine “whether, by virtue of Section 147(2) of the 1999 Constitution, the President can hold the office of the Minister of Petroleum Resources, without confirmation by the Senate of the National Assembly.”

In a 14-paragraph affidavit, which he personally deposed to in support of his suit, Agbakoba explained that the lawsuit was informed by the recent management crisis which engulfed the Nigerian National Petroleum Corporation, on account of disagreements between the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, and the Group Managing Director of the NNPC.


“I verily believe that the governance chaos in the NNPC could not have occurred if the President is not also the Minister of Petroleum Resources.

“I am aware that the NNPC provides up to 90 percent of the revenue accruing to Nigeria. I am worried that the crisis in the NNPC will greatly reduce Nigeria’s revenue-generating capacity and will affect the revenue distributable to federal, state and local governments in Nigeria.

“This will gravely affect development nationwide and drastically impact one and all Nigerians, including those in Anambra State (my state of origin) and Lagos State (my state of residence).

“I looked at Section 138 of the 1999 Constitution and I verily believe it disqualifies the President from holding executive office including that of the Minister of Petroleum, during his tenure of office as President.

“I know that the President did not go through nomination process and confirmation by the Senate, before holding the office of Minister of Petroleum Resources.

“I again looked at Section 147(2) of the 1999 Constitution and I verily believe it prohibits anybody from holding the office of a Minister of the Federation, without confirmation by the Senate,” Agbakoba had said.

The Abuja Division of the Court of Appeal on Friday commuted the 14-year imprisonment imposed by the High Court of the Federal Capital Territory, Gudu, Abuja on a former Governor of Taraba State, Jolly Nyame, earlier this year, to 12 years.

But the Justice Abdul Aboki-led three-man panel of the Court of Appeal, in addition to the 12-year sentence, also imposed a fine of total sum of N525m on the convict, a fine that the lower court had omitted while dispensing the earlier sentence.

Earlier on Friday, the Abuja Division of the Court of Appeal had also commuted the sentence of 14-year imprisonment passed on a former Governor of Plateau State, Joshua Dariye, earlier this year, to 10 years.



https://punchng.com/breaking-kachikwus-appointment-absolves-buhari-of-blame-as-presidentoil-minister-court/

OK

I will be back to modify.

The rate of begging these days clearly shows that Buhari has failed woefully but some idiots are supporting him
Honestly the hunger in the land is making some of us consider the lesser devil Atiku, their followers have an hypothesis which seems reasonable
They say, let's remove buhari and try atiku , it can't be worse and moreover if he does he can be removed in four years since buhari was removed, am beginning to buy this idea

This Agbakoba guy should go and sit down. President Buhari is more of a supervisory Minister of Petroleum. Ebe Kachukwu oversees all the affairs of the Ministry.

Mumu Lawyer.

OP he wasn't sacked he was actually exonerated. You are clearly wrong.

His putting Kachikwu as head of NNPC cleared him and it was ruled that there was nothing wrong with him "HOLDING" the position as Petroleum Minister.

Almaiga:
This Agbakoba guy should go and sit down. President Buhari is more of a supervisory Minister of Petroleum. Ebe Kachukwu oversees all the affairs of the Ministry.

Mumu Lawyer.

Your lack of education is evident in your submission. A verdict from a court of competent jurisdiction is what half educated illiterate wants to question.

1. What nation has her President double as Minister of Petroleum as well as President?
2. What advances have we recorded since he started heading the ministry?

What kinda thread is this?

kernel001:



Your lack of education is evident in your submission. A verdict from a court of competent jurisdiction is what half educated illiterate wants to question.

1. What nation has her President double as Minister of Petroleum as well as President?
2. What advances have we recorded since he started heading the ministry?

Trash from an educated Illiterate.
The Judge vindicated Buhari's actions. From his ruling, he said as long as the President appoints Ebe Kachukwu as a Minister of State for petroleum, the President's actions are within the ambit if the Law.

Thats the beginning of his sack cos the next one will be Nigerians sacking him aso rock

Sacking the dead!

Amazing

"The Federal High Court in Abuja has declared that President Muhammadu Buhari cannot legally double as the Minister of Petroleum Resources."

- Meaning he is unfit to hold any office sef

Story for the gods.

If you know you know.