The new President of Nigeria, Yar’Adua announced yesterday that he was appointing himself Minister of Petroleum, just like his predecessor, Obasanjo. The fact that this is totally unconstitutional seems not to be important. The 1999 Constitution is extremely clear on this issue. In Article 138 is says “138. The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.” By any reading, a Minister is an executive office.

This provision was included in the Constitution for a very good reason. The power to set budgets, provide necessary legislative backing for initiatives (like the Niger Delta crisis), and to monitor in special committees set up for the purpose the financial oversight of the ministries, is the preserve of the National Assembly and the Senate. The judicial branch provides the legal oversight and the remediation of errors through the hearing of suits alleging improper activity or failure to perform.

 Nigeria is not operating under a parliamentary system, where a party can allow a Prime Minister to take on cabinet functions (usually Minister of Defence). The party is not part of the government. It is difficult to compel transparency in allocating oilfields, refinery contracts, etc. if this is conducted by the head of state. This mixing of executive power with ministerial duties is an unhealthy burden on the legislative branch and on other ministries who are competing for a share of the national budget. All controversies, however rooted in the conflict of legitimate interests, become political issues as they confront the head of state directly, wearing his hat as minister.

 Since over 95% of the Nigerian economy is derived from the petroleum and gas sectors, this is not a trivial issue. If Yar’Adua, whose legitimacy as president is tenuous at best as a result of his rigged election starts, in virtually his first act, by violating the Constitution, what hope is there of ever gaining legitimacy? Because Obasanjo ignored the Constitution; awarded oil contracts wherever he felt the urge without review; ignored the terms of the budget-making process; ignored the demands of the legislature; it doesn’t grant his successor the automatic same right to flaunt Nigerian law and policy with such impunity.

 When will the Nigerians take the trouble to read their Constitution and try to see that is enforced? This is a poor start, especially since the Yar’Aduas have such a substantial financial stake in the oil industry as a family. Putting the fox (junior grade) in charge of the chicken coop is not a recipe for success; especially if the chicken coop still belongs to the farmer of Ota.

As the title suggests, this okro tree will not grow taller than its master; na be so?

Robot  # 1 | 27.07.2007 07:23

...Read the full article.

akuluouno  # 2 | 27.07.2007 09:01

Dear Doc, Indeed Okro tree no dey grow pass in master. But who is the okro tree here and who is the master. UMYA, besides being the executive president, with constitutional powers akin to that of an Emperor in a multi-ethnic and multi-religious state, is acting within his powers to assume the portfolio of petrol. Recall we are still operating Abacha's 1998 constitution designed by Abacha for his transfiguration into a civilian which he died b4 he could execute because only Our True Father Transfigures if u catch my drift. :D:D:D:D However without prejudice, we can still apply some remedial measures via Mark's proposed constitutional amendments with a view to revisiting the parliamentary system which allows for negotiations and compromises inthe handling of critical areas of our commonwealth. This Okro indeed has tendencies to overgrow him master with the prevailing grundnorm. :mad:

Abraxas  # 3 | 27.07.2007 09:21

Hi, folks! Is that an excuse for the proliferation of dwarfs engaging in aggressive okro farming? I dey come-o. {I no tiok sey I dey go.} Obrigado. Don Juan-Carlos ABRAXAS (III)

toshmann  # 4 | 27.07.2007 09:25

na de same people. PDP na prison guards, Nigeria na de prison, Nigerians na de prisoners.

Oloye  # 5 | 27.07.2007 09:52

Good, precise, and focused write-up. The conflict as well as constitutionality of the dual roles of the president (i.e. president/minister) deserve further legal searchlight. I am more concerned about the conflict of interest part than the constitutionality of his arrogation of a ministerial position to himself because he can still appoint a petroleum minister and control every action of the minister. On a minor, but related, issue, the title appears to contradict the thrust of the article: If the writer truly subscribes to the proverb that "The Okro Tree Does not Grow Taller than its Master" then we have to conclusively and fatalistically resign to the fate that the president cannot do better than Obasanjo. If so, why then should we even try to push for scrutiny of the president's actions on the issues raised in this thread. What is the goal? Having said that, I think, generally, this is a write-up worthy of further legal searchlight.

ikechiji  # 6 | 27.07.2007 10:10

=ithinkbetter;195340> hi, my good old friend, abeg ooo leave dis black m-o-nkeys alone...na wetin you want to gain teaching dem...you cant domesticate some animals, you know! nigerians are animals -very hard to domesticate! ITB, Granted Nigerians have issues but abeg - this one TOO MUCH! I know I am not a monkey, my mom is not a monkey, my dad is not a monkey, my siblings are not monkeys, etc. I truly take offense to that. We can have an intellectual debate about why the black race is where it is today. We can have a debate about Nigeria and its ills. But let's not classify ourselves as monkeys. Let us not push ourselves further down. Having lived both in Nigeria and the West, I can tell you that the average "westerner" is not smarter than the average Nigerian. The masses in the West tend to be followers driven by a few innovative people. Major advances have come from a few bright minds, the rest of society simple builds on it or adds value to it. I know that it has been harped on several times but Nigeria can and will eventually make it out of this pit we find ourselves in. All it takes is ONE visionary leader who is willing to sacrifice himself. IThinkBetter - You can do better! Let us stay positive. Ikechiji

panalyst  # 7 | 27.07.2007 10:11

My question is this: Although Yaradua has appointed three state ministers for energy. Has he or his advisers said that he will personally be the Minister of Energy? My own information states that when a state of emergency is declared on Power next month, Someone will be presented as the Main Minister of Energy (El rufai anyone??)

Kelechi  # 8 | 27.07.2007 11:20

This does not make for good reading! Why did I roll out my drum of praise for UMYA? I should have stuck to my weapons of skepticism and and watch and see attitude. My initial instinct of the man has become the better of my patriotic whims. Yes, the okro tree can never grow taller than its master and the snake never fails to sire a long offspring! NIGERIANS, THIS IS OMINOUS O! THE EVIL BIRD IS STILL CRYING IN THE BUSH IN OUR BACKYARD!!

STTOPP  # 9 | 27.07.2007 12:17

Is it Busch or Bouch or Bad belle Bush, i beg leave us alone, we know where you are coming from, i would not take a pain killer from a serpent. Thanks and no thanks broda! STTOPP

nigeria we hail thee!  # 10 | 27.07.2007 12:56

Before nko! Its not bad for an okro tree to outgrow the person that planted it. No be today! :wink::wink::wink:

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