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.priorities competence, commitment to state’s devt’l agenda as criteria
Therefore, the move is in line with the Fifth Alteration (No.23) which amended the Constitution of the Federal Republic of Nigeria, 1999 requiring the President and Governors to submit the names of persons nominated as Ministers or Commissioners within 60 days of taking the oath of office for confirmation by the Senate or State House of Assembly; and for related matters.
Recall that on March 16, the Deputy Speaker of the House of Representatives and Chairman House Committee on Constitution Review, Idris Wase, announced that President Muhammadu Buhari has signed 16 constitutional amendment bills into law which include: Fifth Alteration (No.23).
With the new law, Governor Sanwo-olu is expected within the next five days to name his cabinet within 60 days after taking the oath of office on May 29, and transmit it to the State House of Assembly for confirmation.
Sanwo-Olu, in the first term had appointed 38 aides comprising of 21 commissioners and 17 special advisers that made up his cabinet.
He ordered the dissolution of the state executive cabinet and all other aides with effect from Friday, May 26, 2023, in compliance with constitutional provision.
Recently, the Governor made the first appointments of principal aides since his inauguration for a second term in office on May 29,2023.
He subsequently, announced re-appointment of Gboyega Akosile as Chief Press Secretary, Jubril Gawat and Wale Ajetunmobi as his senior special assistants on media.
Sanwo-olu sets to transmit list to lawmakers
According to credible sources, Sanwo-Olu has concluded plans to send the list of the commissioner-nominees to the Lagos State House of Assembly this week for consideration.
“The correspondence from the Governor is expected to be read out and discussed on the floor of the House before the weekend. The non-release of the Ministerial list by President Bola Tinubu has been a major factor for the delay in the Lagos list.
“The list barring any unforeseen event will be released in the next two days and the nominees are expected to be screened by the Lagos State House of Assembly before their swearing-in ceremony, which is slated for early next month, “a credible source stated.
The development has however, led to anxiety among APC ranks, lobbyists, particularly, the former aides during the first term who have been anxious about the possibility of returning to the cabinet.
Vanguard gathered that the list, which is gender sensitive, comprises of former aides (names-withheld) based on their performances and the roles played during the last general elections, with minimal percentage allotted to new entrants who are technocrats and active party faithful.
as part of moves, some influential traditional rulers in the state, it was gathered were also approached to convince the party leadership and the governor for nomination.
Some of the former aides also went as far as calling journalists to inquire and get gist on the final list if they probably made the list.
It was gathered that the nominees were personally invited for the meeting by one of the Governor’s aides.
Earlier, the leadership of the party had instructed each Local Government chapter of the party to submit three names for scrutiny and possible appointment for the list which was addressed at the interactive session aimed to serve as a pruning process by the Governor.
According to sources from the interactive session, the nominees were grilled on their understanding and vision of THEMES’ Agenda, Greater Lagos, as well as contributions for the development of the state and the party in general.
“The list has already been submitted to the Governor’s Advisory Council, GAC, the highest decision making organ of APC in the state, led by the elder statesman and Tinubu ally, Tajudeen Olusi, to draw up the final list of the commissioners-nominees,” source said.
Recall that CPS to the Governor, Akosile, while reacting to accusations from some quarters of running “One-man” administration, in a statement, said the Governor has not flouted any law for not constituting his cabinet yet since he resumed office for the second term.
Akosile, was actually, reacting to an allegation by a Lagos based lawyer, Ebun Adegboruwa, over non-formation of state cabinet since Sanwo-Olu was sworn-in.
The statement by Akosile, reads: “Our attention has been drawn to an unsolicited counsel from Mr. Ebun Adegboruwa, alleging that the Lagos State Governor, Mr. Babajide Sanwo-Olu is running a one-man show, simply because he has not constituted his cabinet yet since he resumed office for the second term.
“For the avoidance of doubt, the Nigerian Constitution is very clear about the number of days required for a State Governor to send his nominees for various cabinet offices to the State House of Assembly for legislative approval.
“Governor Sanwo-Olu has only spent thirty-nine days in the office and therefore, has not flouted any law.
“Secondly, we must remind Mr. Adegboruwa, that Lagos remains a model State, where governance issues are taken very seriously and as such, his comparison of the state with other states he used in his submission is laughable.
“We also need to remind the erudite lawyer that Osun State Governor, Mr. Ademola Adeleke was sworn into the office in November 2022, making it more than seven months before he sent his cabinet nominees to the Osun State House of Assembly.
“We must also enlighten Mr Adegboruwa, that with or without the cabinet members at the moment, the wheel of governance is moving progressively in Lagos.
Constitutional provisions for appointment
The appointment of commissioners of the government of any state in Nigeria is guided and regulated by the Constitution of the Federal Republic of Nigeria. As such, no governor or state House of Assembly can change, modify or alter the guidance and regulation of the constitution on the appointment of commissioners for the government of a state.
The only requirements for any person to be made a commissioner in any government of any state in Nigeria are the same requirements for any person to be elected as a member of the House of Assembly of any state in Nigeria. And, the requirements are; A commissioner of a government of a state in Nigeria, must; Be a Nigerian citizen, be 30 years old or more, be educated up to at least school certificate level or its equivalent, be a member of a political party and is sponsored by that party, not be a person that is not a citizen of Nigeria by birth but is also a citizen of another country by any other means apart from by birth.”
Others include: “Not be a person that is adjudged or declared to be lunatic or of unsound mind under any law in Nigeria, except where such decision is on appeal before any court of law and such appeal is not withdrawn or abandoned or completed. Not be a person that is employed in the public service of the Federation or any state and has not resigned, withdrawn or retired from such employment at least 30 days before the date of his appointment.
“Not be a person that is employed in the public service of the Federation or any state and has not resigned, withdrawn or retired from such employment at least 30 days before the date of his appointment.
“Not be a person that has not presented a forged certificate to the Independent National Electoral Commission, INEC,” among others.
However, it must be noted that although the Constitution of the Federal Republic of Nigeria 1999, provides that the requirements for a person to be appointed a commissioner are same for any person to be elected to the House of Assembly of a state in Nigeria, the constitution failed to mention that the clearly elective specific requirements of “being a member of political party” and also the “presentation of forged certificates to INEC” will be waived for appointment as a commissioner.
