Following news that President Buhari intends to serve as
petroleum minister for 18 months, some lawyers have weighed in on the
situation, to tell us if it's actually legal.
In an email interview with Abdulaziz Olatunde Bakare, a
Lawyer in Lagos state, cleared the air on the legality of the President's
decision.
Bakare said "By virtue of Section 5 of the constitution
which has vested the Executive powers of the Federation in the President of the
country, the President is constitutionally empowered to exercise those
executive powers either by himself or through the Vice President or any
Minister or any officer in the Public service. This provision appears to be an
authority for the current rumours that President Buhari may decide to oversee
the Ministry of Petroleum himself. "
Adding that "The only restriction of the exercise of
this power is if the National Assembly has made any law expressly prohibiting
the President from exercising such powers.
Until then, the President can rely on Section 5 of the constitution
vesting the Executive powers of the Federation in him to directly supervise any
Ministry or do so via his vice president or any Minister he so appoints."
"This practice is not new. President Obasanjo did same during his tenure and till today, his decision has not been challenged in court," he said.
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