The appointment of the current Speaker of the House of Representatives, Mr Femi Gbajabiamila, as the Chief of Staff to the President by Mr Bola Tinubu has been described as a constitutional aberration.
Politics Nigeria reports that this is the position of activist and lawyer, Inibehe Effiong.
According to him, Nigeria operates a constitutional democracy based on the principle of separation of powers.
He argued that sections 4, 5 and 6 of the 1999 Constitution vest the federation’s legislative, executive and judicial powers in the National Assembly, President and established Courts, respectively.
He said:
”It is a travesty of this principle for Gbajabiamila’s appointment as Tinubu’s Chief of Staff to be announced without him first resigning his speakership position and his membership of the House of Representatives.
”The position of Chief of Staff to the president is not trivial. It is a very significant executive position. By virtue of 68 of the Constitution, it is forbidden for a member of the National Assembly to occupy an executive position while still a legislator.
”Section 68 of the Constitution further provides that a member of the National Assembly shall cease to be a member if circumstances arise which would have disqualified such a member had it arisen at the time of the election. This appointment is such a circumstance.”
Going further, he noted that section 68 of the Constitution additionally provides that a member of the National Assembly shall cease to be a member if circumstances arises which would have disqualified such a member, had it arisen at the time of the election.
He added:
”The fact that the tenure of the current National Assembly will elapse in a few days, does not lessen the controversial character of this appointment. Gbajabiamila’s appointment has trivialized the status of the National Assembly as a separate arm of government.”
