The Federal High Court Abuja has
held that President Muhammadu has not violated the constitution by mere
proclaiming that he is the Minister of Petroleum.
The court delivered judgment in
suit NO ABJ/CS/1005/2017 filed by a Senior Advocate of Nigeria, SAN, Dr Olisa
Agbakoba to determine the constitutional qualification of the President of
Nigeria also holding office as the Minister of Petroleum.
Justice Mohammed in deciding that
there was no violation of Section 138 of the Constitution, held that: “the
phrase ‘hold’ as contained in S. 138 meant to preside, act, to possess, occupy
or conduct the actual day to day running of the office.
“That merely
proclaiming/announcing that he (the President) was the Minister for Petroleum
was not enough to conclude that he holds the office of Minister.
“That if the president had not
appointed anybody to see to the day to day running of the office i.e. Ibe Kachikwu,
the court’s decision would have been different. ”
The Court held that, “unless it
can be shown that the President is directly conducting, directing, occupying
the office of the Petroleum Minister then, it can be said that the President
actually holds the office of the Petroleum minister.”
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