2023: Ngige, Malami alleged withdrawal from presidential race illegal – Falana

Ministers who quit over political ambitions, according to activist lawyer Femi Falana, can only be reappointed following Senate confirmation.

President Muhammadu Buhari had asked members in his government with political ambitions to leave on or before May 16.

Chukwuemeka Nwajiuba, Minister of State for Education; Rotimi Amaechi, Minister of Transport; Godswill Akpabio, Minister of Niger Delta Affairs; and Ogbonnaya Onu, Minister of Science and Technology, all submitted resignation letters in response to the directive.

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Chris Ngige, the Minister of Labour, announced his resignation from the presidential election in 2023 on Friday.

He stated he dropped out of the race to focus on his career.

Malami is also said to have dropped out of the run for governor of Kebbi.

Falana responded with a statement, claiming that the withdrawal was illegal.

He stated that the withdrawal is a flagrant violation of the Constitution’s provision 306 (2).

“Such a withdrawal is “illegal” because it violates “section 306 (2) of the Constitution, which states 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 former ministers’ resignations took effect, they are unable to return to the cabinet, either on their own initiative or at the President’s request.”

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“A cabinet reshuffle is not a resignation of ministers.” It’s similar to the President’s removal of past ministers.

“As a result, if the former ministers are to be reappointed, section 147 of the Constitution requires the President to submit their names to the Senate for new screening and confirmation.”

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