The Incorporated Trustees of the Centre for Transparency and Defence of Human Rights and a legal practitioner, Godspower Eroga Esq., has filed a suit against President Bola Tinubu and the Senate of the Federal Republic of Nigeria before the Federal High Court sitting in Abuja, seeking the court’s intervention on the proper interpretation of the provisions of sections 14(3) and 147(1), (3), (7)(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended regarding the nomination of ministers by the President of the Federal Republic of Nigeria and the 60 days prescribed therefore, by the Constitution.
The group in an Originating Summons filed by their counsel, Kunle Edun and delineated FHC/ABJ/Â 2023, is asking the court to determine some questions and make some declarations.
They are asking for a declaration of court that by virtue of the joint reading of the provisions of section 147(1), (3), (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the president is mandatorily required to transmit to the Senate within 60 days of taking his oath of office as the President of the Federal Republic of Nigeria, his list of nominees reflecting the full and complete representation of the entire 36 States of Nigeria and the Federal Capital Territory, Abuja for ministerial positions for screening and confirmation and the act of the president in purporting to transmit an initial list containing 28 names as his nominees for screening and confirmation as Ministers of the Federal Republic of Nigeria, is invalid, contrary to the provisions of section 147(1), (3), (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and therefore, unconstitutional.
Also, they are asking the court to declare that the act of the president in purporting to transmit additional list of 14 names or such number of nominations to be screened and confirmed by the Senate as Ministers of the Federal Republic of Nigeria, outside the 60 days window provided for by Section 147 (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, is invalid and unconstitutional and that the president and the senate cannot, without complying with the provisions of Sections 147(1), (3), (7)(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, validly constitute the Cabinet of the Federal Republic of Nigeria.
Further, they asked a declaration that in view of the mandatory provisions of Section 147(1), (3), (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999, it is mandatory and a compulsion that the President transmits to the 2nd Defendant a list of his nominees reflecting the full and complete representation of the entire 36 States of Nigeria and the Federal Capital Territory, Abuja within 60 days of taking his oath of office as the President of Nigeria and an order directing them to comply with the provisions of Section 147(1), (3), (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
In the motion supported by a 22-paragraph affidavit deposed to by a legal practitioner, Godspower Eroga, asked the court to determine some questions;Â whether by virtue of the joint reading of the provisions of Section 147(1), (3), (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended the president is not mandatorily required to transmit to the 2nd Defendant within 60 days of taking his oath of office as the President of Nigeria, his list of nominees reflecting full and complete representation of the entire 36 States and the Federal Capital Territory, Abuja for screening and confirmation as Ministers of the Federal Republic of Nigeria and whether by virtue of the joint reading of the provisions of section 147(1), (3), (7) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the act of the 1st Defendant in transmitting within 60 days an initial list containing 28 names as his nominees for screening and confirmation as Ministers of the Federal Republic of Nigeria, is valid and constitutional among other questions.
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