I have been very disturbed with some recent appointments made by the President, Major-General Muhammadu Buhari, RTD., especially in relation to the chairperson of INEC, the board of the NNPC and indeed that of AMCON. It has become very worrisome that, the President would seem not to be eager to benefit from legal advice and guidance, genuine legal minds, given his own orientation as a military man.
In this regard, the continued violation of section 147 of the 1999 Constitution which stipulates that: “there shall be such offices of Ministers of the Government of the Federation as may be established by the President.” Also in section 148, it is stated that the President shall have constant and regular meetings with Ministers. This is a serious cause for concern, such that almost three months into his short tenure, the President has preferred to be a lone ranger, without any minister appointed.
On August 19, 2015, the President purported to appoint some persons into the board of the Asset Management Corporation of Nigeria, AMCON, in clear violation of the relevant statute, setting up the agency. Specifically, section 10(1) (C) of the Asset Management Corporation of Nigeria Act 2010 provides thus:
“The board shall consist of the following members to be appointed by the President subject to confirmation of the Senate: three executive directors who shall be nominated by the Central bank of Nigeria in consultation with the Minister.”
Section 61 provides further that “Minister means Minister charged with the responsibility for Finance”.
As of today, Nigeria has no minister in charge of Finance, save that the President has sought to usurp the functions of all the persons in charge of the so-called juicy portfolios, contrary to the Constitution. The office of a Minister is guaranteed by the Constitution and the President cannot on his own decide to govern Nigeria as a dictator, without scant regard for the supreme law of the land, the Constitution.
In particular, it stated in section 1 of the Constitution, that:
“1. –(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed nor shall any person or group of persons take control of the Government of Nigeria or any part thereof except in accordance with the provisions of this Constitution.”
Most of the actions of the President since his swearing-in, have been manifestly unconstitutional. Consequently, I have filed a suit at the Federal High Court, Lagos, on Monday, August 24, 2015, for the following reliefs, amongst others:
1. A DECLARATION that the President cannot appoint anyone as Executive Director of AMCON without complying with Section 10(1)C of the Asset Management Corporation of Nigeria Act 2010.
2. A DECLARATION that the appointment of the Executive Directors of AMCON, by the President, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010, is illegal, unconstitutional, null and void and of no effect whatsoever.
3. AN ORDER, forthwith nullifying, annulling, voiding, cancelling and invalidating the appointment of the Executive Directors of AMCON, by the President, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010.
4. A PERPETUAL INJUNCTIONrestraining the persons purportedly appointed by the President, from functioning as or further functioning as, from acting as or from further acting as, or from parading or holding out themselves or further parading or holding out themselves as Executive Directors of the AMCON, in gross violation of section 10(1) C of the Asset Management Corporation of Nigeria Act 2010.
I am currently studying the NNPC Act, to determine the validity of the recent appointments made thereunder, whether there is substantial compliance with the law. This is to give notice therefore, that I shall, by the grace of God Almighty, contest in court, resist through civil campaigns and challenge, through due process, every attempt by those in authority, to govern us in any manner that is contrary to law.
I humbly hereby advise the President to urgently constitute his cabinet and take advantage of the contributions of experts spread all over Nigeria, and move us away from this seeming standstill, presidential slumbering and executive stupor.
The details of the suit are herewith attached.
God bless Nigeria.
EBUN-OLU ADEGBORUWA, ESQ.