Senior lawyer and human rights advocate, Femi Falana, has stated ministers who resigned over political ambitions will only be allowed to reappoint after confirmation from the senate in the country of Nigeria.
On Wednesday, 11 May, President Muhammadu Buhari led his cabinet members seeking elective positions to hand over their resignation on or before Monday, 16 May.
Following the order, some ministers had presented their resignations, while the President, earlier on Friday, organised a meeting with the outgoing cabinet members.
On Friday, Chris Ngige declared his withdrawal from the upcoming 2023 presidential race in order to focus on his current job.
It was also further reported that Abubakar Malami has also withdrawn from the Kebbi governorship race.
Falana stated, in a statement, that there were reports that Ngige and Malami had withdrawn their letters of resignation after the farewell meet.
He said that such a withdrawal is illegal as it comprises a gross contravention of section 306 (2) of the Constitution, which states that the resignation of any person from any seat designated by this Constitution shall take effect when the writing signifying the resignation is obtained by the officials or person to whom it is addressed or by any person approved by that authority or person to receive it.
The statement further reads, “Since the resignation of the former ministers has taken effect, they cannot come back to the cabinet either on their own discretion or on the order of the President.”
“The resignation of the leaders is not any type of cabinet reshuffle.”
“It is akin to the expulsion of the former ministers by the President.”
“Therefore, if the former ministers are going to be appointed again, the President is mandated by section 147 of the Constitution to present names to the Senate for fresh screening and confirmation.”