. Ministers who resigned can only be reappointed after Senate confirmation, he says
Human rights lawyer and Senior Advocate of Nigeria, Mr Femi Falana lawyer, says ministers who resigned over their political aspirations can only retain their positions after they have been reappointed and confirmed again by the Senate.
On Wednesday, President Muhammadu Buhari had directed his cabinet members seeking elective positions in 2023 to resign on or before May 16.
Following the directive, some ministers had tendered their resignation and the President even hosted them earlier on Friday.
The cabinet members present at the valedictory session included Attorney-General of the Federation, Abubakar Malami and Minister of Labour and Employment, Dr Chris Ngige.
However, later on Friday, Ngige announced his withdrawal from the 2023 presidential race, saying he would rather concentrate on his ministerial job.
Malami also reportedly has withdrawn from the Kebbi governorship race.
Falana, in a statement, said there were reports that Malami and Nigige had withdrawn their letters of resignation after the farewell meeting with President Buhari.
The SAN declared the action of the two ministers as “illegal,” saying 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 statement reads.
“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.”