Foremost Maritime lawyer and former President, Nigerian Bar
Association, Olisa Agbakoba has filed a claim at the Federal High Court,
Abuja against the Federal Government of Nigeria via the Attorney
General of the Federation, to determine the constitutional qualification
of the President of Nigeria to also hold executive office as Minister
of Petroleum Resources.
According to The Sun, Agbakoba, in a statement released by his
Chambers, argue that on the basis of section 138 of the Constitution
disqualifying the President of Nigeria from taking any paid employment
or holding executive office of Minister of Petroleum Resources, the
President cannot hold office as Minister of Petroleum Resources.
His other argument is that in any event, the President’s
appointment as Minister of Petroleum Resources was not confirmed by the
Senate of the National Assembly, as stipulated by section 147(2)of the
constitution.
The affidavit supporting Agbakoba’s claim states the determination
of the questions in the claim are of vital national importance, in view
of the governance chaos at the Nigerian National Petroleum Corporation
(NNPC).
He has requested the court to return answers that the President is
not validly qualified to be Minister of Petroleum Resources and in any
event the President is also disqualified to be Minister of Petroleum
Resources, not having been confirmed by Senate.
No date has been fixed for hearing.
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