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Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation - Politics - Nairaland

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Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by adenigga(m): 3:20am On May 14
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has faulted the withdrawal of the resignation letter by the Minister of Labour and Productivity, Chris Ngige, describing it as “illegal and unconstitutional”.

The PUNCH reports that Ngige pulled out of the 2023 presidential race to retain his ministerial seat.

The former governor of Anambra State and member of the All Progressives Congress made his withdrawal known in a statement on Friday.

“Having also consulted widely with my family, constituents, supporters, and well-wishers, it is my pleasure to announce the withdrawal of my interest and earlier decision to contest the office of the President in the 2023 general elections.

“As a result of this, will NOT be participating in any of the internal party processes of the said election, starting with the primary. I took this momentous decision firstly in the overall interest of the nation, in order to enable me to concentrate on my job, and assist the President and the Government, during the difficult last lap in the life of the administration, and secondly for other family reasons.

“I have since communicated this decision to the President and the Secretary to the Government of the Federation,” he stated in a statement.

But reacting to the development in a statement on Friday, Falana said such withdrawal from Ngige and reported withdrawal of the Attorney-General and Minister of Justice, Abubakar Malami, SAN, was illegal.


According to him, the withdrawal constitutes a gross contravention of section 306 (2) of the Constitution.

In a statement titled, ‘Withdrawal of resignation letters by former Ministers is illegal’, he said, “Having resigned from the President, Major General Muhammadu Buhari (retd.)’s administration, Mr. Abubakar Malami, SAN, and Dr. Chris Ngige were reported to have withdrawn their letters of resignation after the farewell meeting.

“Such withdrawal is illegal as it constitutes a gross contravention of section 306 (2) of the Constitution which stipulates that “The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”

“Since the resignation of the former Ministers has taken effect, they cannot return to the cabinet either on their own volition or on the directive of the President. The resignation of the Ministers is not a cabinet reshuffle. It is akin to the removal of the former Ministers by the President.

“Therefore, if the former Ministers are going to be reappointed, the President is required by section 147 of the Constitution to submit names to the Senate for fresh screening and confirmation.”

Source: https://punchng.com/Why-Ngige-other-ministers-cant-withdraw-resignation-SAN

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Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by SmartPolician: 3:30am On May 14
Femi Falana dey him house dey quote the law. He probably forgot that he's dealing with a Nigerian man with we die here mentality. Oga lawyer, after quoting the constitution, make sure you drag him out of the office. cheesy

109 Likes 7 Shares

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by MMWandali: 3:34am On May 14
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

61 Likes 2 Shares

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Johnames: 3:35am On May 14
Na everything this one dey fault

10 Likes 1 Share

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by fyneguy: 4:17am On May 14
MMWandali:
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

They did not resign. They had up till 16th May to do so.

22 Likes 2 Shares

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by TheNiceGuy(m): 4:25am On May 14
Did they actually submitted their resignation letter before they regain their senses that they're feather weighted politician?

If they do, then the law should be uphold.

Their COWARDICE should make them lose on both ends

106 Likes 5 Shares

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Yankee101: 5:26am On May 14
They should be kicked out

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Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by donaldking10(m): 5:40am On May 14
immediately i checked and saw an hausa name, i just knew immediately that the law wouldn't work against them.

6 Likes 2 Shares

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by donaldking10(m): 5:41am On May 14
MMWandali:
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

as long as an hausa man was also involved, then the law is powerless.

3 Likes

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by reality1010: 5:43am On May 14
MMWandali:
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC
Funny enough the APC Governemnt has a SAN as its Vice President under whose domain these laws have been missed up.
I wonder what he would do if he eventually wins?

25 Likes 1 Share

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by DIKEnaWAR: 5:51am On May 14
Femi Falana talks most times as if he is the law and only legal authority in the world. Did Malami and Ngige write resignation letters?

If they have not returned their nomination forms, fully filled and signed, then they cannot be said to be contesting for the office and if they didn't send a resignation letter to the President, they have not resigned.

I no send them or this govt, but the law is the law.

18 Likes 4 Shares

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Administration1: 5:57am On May 14
Kangaroo
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by orisa37: 6:06am On May 14
IN OTHER WORDS, THE PRESIDENT CAN RESUBMIT THEIR NAMES FOR REAPPOINTMENT.

3 Likes

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by seunmsg(m): 6:22am On May 14
The question is, did they resign at anytime before the withdrawal of their political ambition?

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Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Ceenachi: 6:52am On May 14
Reading some people’s thoughtless comments is quite concerning

How can reasonable people not see it that those who are withdrawing their resignations are greedy and selfish; quite unfortunate.

16 Likes

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by tiswell(m): 7:19am On May 14
Falana for CJN 2023!
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Kzinne: 7:20am On May 14
.
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by MrCover: 7:20am On May 14
Nothing NaijaCover No Go See
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Segkem2013(m): 7:20am On May 14
This just shows how greedy and selfish these politicians are. They have only their interest at heart. They rarely resign even when the boat they steering have hit the rock just like the president. As long as they are still enjoying the largesse that come from the purse of the common man at the expense of that same common man, THEY WILL NEVER RESIGN.

3 Likes 1 Share

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by GreatrAnalyst: 7:20am On May 14
Hmmm


In this place, there is the law written down and that which the people in power adhere to, they are not the same.
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by neoclassical: 7:20am On May 14
Falana and busy body. When did they tell you the wrote a resignation letter let alone submitting same.

Mr President gave a matching order to those who want to contest to resign or forget their ambition. Instead of resigning, they decided to withdraw from the race.

You will just sit in your Chamber and be interpreting laws for an offence that is not in existence.

7 Likes 1 Share

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by joe54: 7:21am On May 14
grin
We have chase these wild criminals out.
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Corporate2020: 7:21am On May 14
Nah by for e uncle Falana ran tie.
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Pele10: 7:22am On May 14
Falan forming over sabi in every matter, quoting sections and subsections that are not relevant. The AGF Abubakar malami is also a lawyer we will soon hear his counter quot.

4 Likes 1 Share

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by duduade: 7:23am On May 14
Scammers
Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by letsfarmnigeria: 7:24am On May 14
They did not submit their resignation letter so I think the SAN is saying based on if they have submitted the letter

1 Like

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by Mars16(m): 7:25am On May 14
adenigga:





Source: https://punchng.com/Why-Ngige-other-ministers-cant-withdraw-resignation-SAN
Now I'm no lawyer but if Mr. Falana SAN is right then things should be done constitutionally and rightly. We should say NO to illegality and the president should reappoint them or they should rest.

2 Likes

Re: Falana: Why Ngige, Other Ministers Can’t Withdraw Resignation by money121(m): 7:26am On May 14
Ok

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