The power of a State Governor to make appointment to the office of Commissioner of the Government of a state is subject to the provision of Section 192(2) & (4) of the 1999 Constitution (as amended), that is, if the nomination of such person to the office of a Commissioner is confirmed by the House of Assembly of a State.
The person appointed shall before assuming office for the discharge of his duties, declare his assests and liabilities and subscribe to the Oath of Allegiance as prescribed in the Seventh Schedule of the Constitution. This procedure equally applies to someone whose appointment was terminated by the Governor of a State where the said Governor is seeking to reappoint the same person.
However, where the State House of Assembly failed to confirm the appointment and refused to return the nomination to the Governor within 21 working days, such appointment shall be deemed to have been made according to Section 192 (5) of the Constitution.
Where a Governor makes a proclamation to the effect that he has dissolved his Commissioners, it means that their appointments have been terminated, annulled, cancelled or brought to an end and none of them could be brought back to the office by means of reinstatement except by reappointment which is itself subject to taking fresh steps in accordance with Section 192(2)(4) of the Constitution otherwise anything done by the said Governor would be a nullity or an exercise in futility and any citizen of Nigeria can challenge the action of the Governor.
A Commissioner can be recalled to his office or reinstated as the case may be after suspension on allegations of gross misconduct or abuse of office in which case he will not be subjected to the procedure under Section 192 (2)(4) of the Constitution
