Following reports that President Buhari will serve as petroleum minister for 18 months, we decided to get a legal angle on the issue.
In an email interview with Abdulaziz Olatunde Bakare, a Lawyer in Lagos state, cleared the air on the legality of the President’s decision.
Bakare said “By virtue of Section 5 of the constitution which has vested the Executive powers of the Federation in the President of the country, the President is constitutionally empowered to exercise those executive powers either by himself or through the Vice President or any Minister or any officer in the Public service. This provision appears to be an authority for the current rumours that President Buhari may decide to oversee the Ministry of Petroleum himself. “
Adding that “The only restriction of the exercise of this power is if the National Assembly has made any law expressly prohibiting the President from exercising such powers. Until then, the President can rely on Section 5 of the constitution vesting the Executive powers of the Federation in him to directly supervise any Ministry or do so via his vice president or any Minister he so appoints.”
“This practice is not new. President Obasanjo did same during his tenure and till today, his decision has not been challenged in court,” he said.
