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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