‘Buhari can legally oversee Petroleum Ministry’

</strong> <strong>President Buhari</strong>

</strong> <strong>Alabi</strong>

Banji Alabi, a constitutional lawyer is the National Chairman of Ondo State Eminent Persons Group (OSEPG), a non-partisan group that is committed to the promotion of best practices. The senior lawyer spoke with ABIODUN FANORO on some issues of national importance among which is the on-going debate of President Muhbammadu Buhari becoming the Petroleum Minister.

From the legal standpoint, can the President of Nigeria double as the Minister of Petroleum?
THIS is a topic that has stirred up serious debates. Some persons are of the view that the President cannot double as the President and a Minister of Petroleum. The pulse of their contention is anchored on sections 147 and 148 of the 1999 Constitution as amended which provides for the office of the ministers of the Federation making it appear impossible for the President to hold any of those offices.

However, I am not aware that the President has declared himself as the minister of petroleum; I only know that he intends to appoint a minister of state for Petroleum and that the Petroleum Ministry will be under the direct supervision of the Presidency.

If the President decides to function as Petroleum Minister or administer the Ministry through the Presidency, I believe that the joint reading of Sections 5(1)(a), 147 and 148 of the 1999 Constitution as amended would reveal that the President is at liberty to exercise his executive powers directly without the appointment of ministers.

He also has the discretion to create any ministerial office he chooses and where he chooses not to create the office of the Federal Minister for Petroleum but creates only that of the State Minister for Petroleum, he has acted constitutionally.

What are your comments on the appointment made so far by President Buhari?
There has been much hue and cry over the appointment, which in mind are selfishly inspired by ethnicity and political elites seeking jobs and relevance. Many have accused the President of appointing only northerners but I do not care if all the ministers, advisers and ambassadors are from the same ethnic background. The important consideration is not ethnicity and religion but competence and performance.

The question of where political appointments are made from is only important to the political elites. It does not have any real bearing on the common man.

Considering the state of the nation today, economically, welfare of the citizen-wise, infrastructure-wise and employment-wise, what is important; and what should guide appointment into public offices are good governance, security, zero tolerance for corruption, industrialisation, gainful employment for the youth, development of the Niger Delta, un-interrupted power supply, deliberate policy to make government appointment positions unattractive to looters, creation of a solid middle class, free and compulsory qualitative education, free medical services and rule of law.

The story of Nigeria is that of a nation with such huge and promising potentials that has fallen on evil spells of underdevelopment, underperformance and mismanagement due to mediocrity corrupt, lackluster, unimaginative and selfish leadership.

There are no infrastructure, institutions and government sponsored programs, to encourage and nurture the creation of wealth and the building of the middle class. This has resulted in the creation and perpetuation of a consumptive society where there’s no encouragement and support of manufacturing and mass productions of goods and services.

How can the country get out of the wood?
The missing link in our quest to develop and be in the club of advancing countries such as Malaysia, Indonesia, Singapore, Brazil etc, is leadership. Talking about a dedicated and committed leadership, we have a shining example around in Nigeria in the person of late Papa Obafemi Awolowo who fostered the creation of wealth for the Yoruba nation during his illustrious tenure in office by investing in education, infrastructure and industries, our past, leaders have neglected these most important duties of nation and state building.

Investing in infrastructure and the creation of a manufacturing base that are so vital to the survival of our state and our people are lacking. This in my view is what President Buhari is about to correct.

As history has shown, any society that only consumes what others have produced, without manufacturing its own goods and services, such as Taiwan, China and India to name a few countries that have recently transitioned to manufacturing economies, would never be economically strong and politically relevant.

The present economy of Nigeria is critically ill. There is rampant poverty and hunger among the people. Most of the citizenry have lost their jobs, homes and dignities .Yet, in the midst of these hard and trying times, the political jobbers are clamouring for the appointment of their own so that the looting of our common wealth may continue. Between 1966 and 2015, the estimated figure of the sum of $2 trillion have been stolen or wasted by the Nigerian politicians. Many politicians are enemies of the people. Most of them are hardened criminals that built career around politics. We need to support Buhari in his mission to turn the country’s misfortunes to fortunes.

Your group OSEPG has advocated part-time legislature for the country, how could this rub on good governance?
The country today is in throes and in a serious financial trauma that requires lawmakers who are genuinely interested in serving the people and for whom politics is not about money making. It is my hope and the prayer of our group that one day in not too distant time, part-time law making will become a reality so that the sacred function of law making and democratic representation can become un-attractive to self-serving profiteers and genuine people can put themselves forward for service.

When this takes root and part-time law making becomes operational, God willing, my long time ambition to serve my people in Ondo North Senatorial district, I will humbly pursue. My benefits of office will be for the development of Ondo State. The revenue from my practice of law is enough to sustain my humble life style.
What is your reaction on the controversy trailing the trial of Senator Saraki, especially the fear that it could lead to disaffection ant undermine peace and order in the country?

Saraki’s trial is a test case for the anti-corruption drive of the present government. While we are not politically naïve to suggest that this has no political undertone whatsoever, attention must be re-directed and focused on the real issues which only Dr. Saraki can explain; and should have opportunity to explain at trial.

The important question is whether any crime that is punishable by law has been committed in terms of the specific allegations made against the Senate President. We will like to see fairness in how this is handled by the tribunal, the prosecutors and even the defence team. At the end of the day, we hope this could usher us into an era of transparency and accountability in governance. It is desired that the social contract entered into by the electorates and their leaders vide the election process should be fulfilled by all parties. The confidence reposed in the leaders must not be abused.

There are questions about the jurisdiction and composition of the Code of Conduct Tribunal (CCT). Does this raise serious issues that might affect the outcome of the trial?
The issue of the establishment, jurisdiction and composition of the Code of Conduct Tribunal is well settled. The tribunal is established under the 1999 Constitution (as amended) and has jurisdiction to entertain complaints of breach of the code of conduct from the Code of Conduct Bureau such as those made against Senator Bukola Saraki.

The Attorney General of the Federation (AGF) or his officers are empowered to commence prosecutions before the tribunal. Although the law requires that cases before the tribunal must be instituted by the AGF or any officer delegated by him, this does not mean that a case cannot be instituted in the absence of an incumbent Attorney-General of the Federation. The Supreme Court has explained in a number of cases that the office of the AGF is a corporate sole and exists in perpetuity. As such, the functions of that office can be performed even when the appointment of the AGF has not been made. Appeals from this tribunal go to the Court of Appeal.

This court is properly composed of three persons who are qualified to be judges of High Courts in Nigeria but the composition only relates to the total number of members the tribunal must have. In essence, the three members are not required to sit in each case coming before the tribunal. The tribunal is properly constituted with any one of the three members presiding. This court has powers of sanction ranging from ordering the vacation of the office presently held by a convicted person; the forfeiture of embezzled wealth and even the disqualification from contesting any public office in Nigeria.

Although these issues relate to jurisdiction and by extension to the validity of the entirety of the proceedings, I believe that the issues are quite straightforward and I do not see any of these factors invalidating the outcome of Saraki’s trial.

But some players in the judicial sector have argued that the tribunal is an inferior court and cannot try Saraki for crime, what is your opinion on this?

The jurisdiction of a court to try criminal cases is not determined by whether it is superior or inferior. For example, magistrate courts are considered as inferior courts, yet they have unquestionable jurisdiction to try criminal cases. The important point to establish is that the Code of Conduct Tribunal is a judicial body and can try criminal cases reserved exclusively for it by Section 15(1) Part 1, Fifth Schedule to the 1999 Constitution.

First, Code of Conduct Tribunal is expressly established by the same Constitution that established other superior courts of record [Section 15(1) of Part 1, fifth Schedule to the 1999 Constitution]. Next, even if it weren’t so established, yet the National assembly, acting under the provision of Section 15(1) of Part 1, fifth Schedule; 6(5) (j) of the 1999 Constitution (as amended) has enacted a Code of Conduct Tribunal Act, hence bringing it as a court within the express contemplation of section 6(5) (j) of the 1999 Constitution as amended.

Further, the qualification and manner of appointment of its judges is nothing similar to that of inferior courts. Furthermore, its direct right of appeal to the Court of Appeal eliminates every doubt about it being an inferior court. It is a superior court and not subject to judicial review by the High Courts.