OPINION ARTICLE BY BARR. AHMAD KWATARKWASHI
Just of recent, the executive governor of Zamfara state, dissolved all his cabinet including the chairmen and head of parastatals except statutory commissions, however in less than a week, a press briefing was signed and issued by the acting secretary to the state government that certain number of commissioners were REINSTATED as per the governor’s approval.
By so doing, we at Ahmad kwatarkwashi foundation, it is our stand to protect the rule of law in all its ramifications, and issued our stand hereunder.
- That the reinstatement is null void and of no effect whatsoever.
- That the executive governor err in law by his so doing.
- That by extant laws, all such appointment remained ineffective and a breach of due process as enshrined in the constitution of the federal republic of Nigeria
- That it is dissolution, therefore their reinstatement MUST follow the due process of;
a. Nomination
b. Screening by the state assembly and
c. Confirmation by the executive governor.
From the foregoing, it is suffices to say, constitutional provision has been breach, when the combined reading of the following section and it’s subsection is taken into cognisance.
Thus;
S. 192. (1) of the CFRN says,
- There shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State.
(2) Any appointment to the office of Commissioner if the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14(4) of this Constitution.
I hereunder reproduce section 14(4) for the understanding of how such offices are to be made.
14(4) reads; The composition of a government of a state, a local government council, or any of the agencies of such government or council or such agencies shall be carried out in such a manner as to recognise and the conduct of the affairs of the government or council the diversity of the people within it area of authority and the need to promote a sense of belonging and loyalty among all the people of the federation.
Emphasis is on section 192(1) and (2). While subsections below are for clarity of expression.
(3) Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or of the National Assembly on his taking the Oath of office as Commissioner.
(4) No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State.
(5) An appointment to the office of Commissioner under this section shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination, by the House of Assembly.”
From the above provision, it is a clear breach of constitutional provisions by the executive governor and WE IN STRONG TERMS CONDEMN ITS ENTIRETY.
Assuming without conceding, it is suspension, in which case the executive Governor, is at liberty, to reinstate them and none can challenge that from him, in this context, it is DISSOLUTION and as such REAPPOINTMENT AND OR REINSTATEMENT which carry same meaning from the wordings of the aforesaid sections of the constitution cannot stand.
With humility and respect, we submit that any appointment, which is subject to state assembly screening and or confirmation must follow such regorous protocols before swearing in to that office. We therefore call on his excellency to as a matter of rule of law adherence, rescind his earlier approval to reinstate certain commissioners, and allow the rule of law to prevail. This is to allow setting forth the procedure required in doing so and respect for the law of the land.
Thank you.
Ahmad kwatarkwashi
President,
Ahmad kwatarkwashi foundation.
June 8th 2021.
