Senate pushes president, govs to nominate cabinet within 60 days

The Nigerian Senate is proposing an amendment to the 1999 Constitution which would make it mandatory for the president of the federation and state governors to send the names of nominated ministers and commissioners to the National and State Assemblies respectively, for confirmation within 60 days of being sworn into office.

The proposed amendment is also seeking to ensure the assignment of portfolios to the nominated ministers and commissioners before they are presented to the States or National Assembly, respectively.

The amendment is to forestall delays to the speedy take-off of the business of governance at federal and state levels which often comes as a result of the time-consuming process of political horse-trading or indecisiveness which can attend the selection of ministers and commissioners.

Experts say the sought amendment might have also been informed by the September 30 submission of ministerial nominees to the Senate by President Muhammadu Buhari; four months after assumption of office.

It however, took the upper legislative chamber about three weeks to screen and confirm the nominees, who were then sworn-in in November, six months after Buhari assumed office (on May 29).

It similarly took several months for states like Abia, Ogun, Cross River and Lagos to inaugurate their cabinets, while Osun State is yet to constitute its state executive council. The story is same for Plateau State after Simon Lalong assumed office as governor over seven months ago.

There are real concerns that President Buhari’s delay in announcing ministers “added to investor unease” in Nigeria.

Sponsored by Theodore Orji, the immediate past governor of Abia State, now the senator representing Abia Central, the bill would soon be slated for Second Reading at the Senate.

The bill, seen by BusinessDay, seeks to amend Sections 147 and 192 of the 1999 Constitution respectively, to compel the president or governors to submit names of members of their cabinet within 60 days of taking oath of office.

While Section 147 (6) and 192 (5) of the Constitution specify 21-working days within which the Senate/House of Assembly must make a return to the President/Governor after receipt of nomination, the Constitution is silent on the time frame within which the chief executives should send such names to the legislative houses for confirmation after taking oath of office.

Titled, “Constitution of the Federal Republic of Nigeria, 1999 (Alteration) (Portfolio Designation) Bill, 2015”, the proposal also seeks to amend Section 147 (1), (2) as well as Section 192 (1), (2) of the Constitution, to compel the president of the federation and state governors to designate portfolios to persons nominated as ministers or commissioners before confirmation by the Senate or State Houses of Assembly.

At the recent ministerial screening at the Senate, nominees were asked general questions rather than portfolio-specific ones.

When amended, Section 147 (1) of the 1999 Constitution will read: “There shall be such offices of Ministers of the Government of the Federation as may be established and designated by the President”. In the same vein, Section 192 (1) will read “There shall be such offices of Commissioner of the Government of a state as may be established and designated by the Governor of the State”.

To checkmate the common practice of the executive arm of government sending nominees to the Legislature without portfolios, Section 147 of the Principal Act is again proposed for amendment by adding a proviso to Subsection (2) to read: “Provided that the President shall assign portfolios and designation to the names of persons nominated as ministers and forward same to the Senate for confirmation within 60 days from the day he takes oath of office as President”.

But for the amendment to be binding across the Federation, it must be supported by the votes of not less than two-thirds majority of each chamber of the National Assembly and approved by resolution of the Houses of Assembly of not less 24 states of the Federation.

OWEDE AGBAJILEKE