Political Experts in the House Your view on Mr Presidents 1st appointment is welcome; What signals are being sent forward with this appointment ?

CULLED FROM THIS DAY

Anyim Pius Anyim, Former Senate President


The speculation and lobbying over who would become the next Secretary to the Government of the Federation (SGF) ended Monday with the appointment of former Senate President Anyim Pius Anyim into the position regarded as “prime minister” in some circles.

This confirms THISDAY report last week that the former Senate President was being strongly considered for the position, with former Minister of Finance, Dr. Ngozi Okonjo-Iweala, being also tipped to return to the cabinet if the discussions go well.

And while General Andrew Owoye Azazi retained his position as National Security Adviser, the cabinet was finally dissolved by President Goodluck Jonathan a few days after he told his ministers to carry on until the appointment of new ones.

Anyim, who now replaces Alhaji Yayale Ahmed will be sworn in Tuesday at the Council Chambers, Presidential Villa in Abuja, at noon.

The statement issued by the Director of Information in the Presidency, Musa Aduwak, said: "President Goodluck Ebele Jonathan has approved the appointment of Senator Anyim Pius Anyim as the Secretary to the Government of the Federation. He will be sworn in on Tuesday, 31st May, 2011 at the Executive Council Chambers at 12 noon.

"Also, President Jonathan has approved the re-appointment of General O. A. Azazi as the National Security Adviser.”

Anyim, born on February 19, 1961, was Senate President under Obasanjo from 2000 to 2003, sought to become the national chairman of the PDP in 2007 but the governors rooted for and installed Prince Vincent Ogbulafor instead.

In the heat of the failure of former President Umaru Musa Yar’Adua to transmit a vacation letter to the National Assembly when he went for medical treatment in Saudi Arabia in 2009, Anyim led a delegation of 41 eminent Nigerians to the federal legislature calling on Yar’Adua to send the letter so that Jonathan, who was then vice-president, could be made acting president.

Also Monday, Jonathan formally dissolved his cabinet, saying their letters showed that their appointments ended on May 29, 2011, even though he had asked them to continue till the next cabinet is formed.

In the statement also signed by Aduwak, he said the president thanked them for their cooperation and asked them to be available when called for service to the country at any time.

The statement read: "In accordance with the appointment letters of members of the Federal Executive Council, Special Advisers, Senior Special Assistants, Special Assistants, and other political appointees, their appointments ended on May 29th, 2011. This brings to a close the former administration, and marks the beginning of the new one.

"The President thanked all the outgoing ministers, advisers and assistants and other political appointees for their service to the nation. He particularly lauded their patriotism and dedication, and wished them God's blessings in their future endeavours.

"The President called on them to always see themselves as partners in progress with the new administration, stating that the Federal Government would from time to time draw from their repository of knowledge in steering the ship of state."

The dissolution of the cabinet has effectively resolved constitutional issues raised by some lawyers over the validity of their continued stay in office beyond the life of the last administration which terminated on Sunday.

Lagos lawyer, Mr Festus Keyamo, Monday raised a legal puzzle on the non-dissolution of the Federal Executive Council, describing it as illegal and unconstitutional.

Keyamo, in a statement made available to THISDAY, said the continuous stay in offices by the ministers amounts to a fresh appointment by the president which needs the approval of the Senate in accordance with Section 147(2) of the 1999 Constitution as amended.

The section states: “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.”

He stated that anything short of this will amount to a progression in illegality and unconstitutionality.

He stated that if this anomaly was no immediately corrected, all official actions performed by the ministers after the fresh oath of office by the President would be null and void.

Supporting Keyamo’s argument, Chief Emeka Ngige (SAN) said beginning from Monday, any minister found in his or her office would be deemed to have breached the constitution.

He argued that ministers are supposed to go with the government that appointed them and that since the current ministers were appointed by President Jonathan to serve an administration that ended May 29, 2011, their reappointments would be subject to Senate’s confirmation.

Ngige also argued that apart from the fact that Jonathan was starting a fresh tenure, which requires that all his ministers whether old or new be screened afresh, the National Assembly is equally new and replete with new members.

But constitutional lawyer, Dr. Joseph Nwobike (SAN), disagreed with the views of Keyamo, saying  since the constitution does not have fixed tenure for ministers like the office of the president, and governors, it means that no law prevents them from continuing in office if the president so desires.

Nwobike argued that since the ministers had already been screened by the Senate, a fresh oath of office by the president should not prevent them from performing their duties as ministers as long as the President has not sacked them.

He stated that it is only those who were not in the cabinet before that need to appear before the senate for screening and not those already serving.

Corroborating Nwobike’s submission, another lawyer, Fabian Ajogwu (SAN), faulted Keyamo, saying that he may have confused Section 151 (3) of the Constitution which deals with the appointment of Special Advisers Section 147(2).

Ajogwu noted that under Section 151 (3), any appointment made pursuant to the provisions of this section shall be at the pleasure of the president and shall cease when he ceases to hold office.

He stated that there was nowhere in the constitution where it was stated that once a minister is appointed, his or her tenure has a fixed duration and has to be re-screened by the senate.

He contended that it is only new ministers that need to appear before the senate for screening and not the old ones.

Also, an Owerri-based legal practitioner, Donald Dewingwe (SAN) in his contribution, faulted Keyamo, saying that there was no provision in the constitution that stops the president from retaining a minister or asking any of them to continue in office.