The former President of Nigerian Bar Association [NBA], Olisa Agbakoba [SAN], has filed a suit at the Abuja Division of the Federal High Court, to challenge President Buhari’s right to sit as both President of Nigeria and Minister of Petroleum.
In a statement issued by Mr Agbakoba’s media aide, Niyi Odummorayo, on Monday, the lawyer said the decision of the President to also serve as Minister of Petroleum is contrary to sections 138 and 147 (2) of the Constitution.
He argued that according to section 138 of the Constitution, the President is not supposed to take up paid employment as a public servant and he also argued that Mr. Buhari’s role as Petroleum Minister was not ratified for confirmation by the Senate as required by Section 147 (2) of the constitution, thus rendering the President’s occupying the office of Minister unconstitutional.
This is one of many reactions to the controversy trailing the fiasco between top government officials in the Oil Industry following a letter, addressed to the President by the Minister of State for Petroleum Resources and dated August 30th, which accused the Nigerian National Petroleum Corporation [NNPC] General Managing Director, Maikanti Baru, of frivolous award of contracts without following due process.
An affidavit supporting Agbakoba’s claim states that the determination of the questions in the claim are of vital national importance, in view of the governance chaos at the NNPC.
The Lawyer urged the court to rule that President Buhari is not qualified to be Minister of Petroleum Resources and in any event the President is also disqualified to be Minister of Petroleum Resources, for the reason that he was not confirmed by Senate.
However, no date has been fixed for the hearing.
