Nigerians will recall that the 2019 presidential election was held on February 23, 2019 after the Independent National Electoral Commission postponed it within a few hours to its opening on February 16, 2019. The incumbent, President Muhammadu Buhari, was declared the winner within a couple of days after the election. On May 29, 2019, he was formally sworn in for his second four-year tenure.
By Section 147 of the 1999 Constitution, the President shall establish offices of ministers and nominees to the offices shall be confirmed by the Senate. The equivalent state level provision is Section 192 of the constitution. The President is bound to appoint at least, one minister from each state, who shall be an indigene of such state. The word used in creating the obligation to appoint ministers in this section is the mandatory “shall” and not the discretionary “may”.
The office of the Attorney-General of the Federation and of a state, who doubles as the Chief Law Officer and Minister or Commissioner for Justice is established by Sections 150 and 196 of the constitution respectively. The word used in both sections is the mandatory “shall” which does not import a discretion. No serious government operates without proper legal advice and having a Chief Law Officer.
The ministers are usually the chairpersons of various national councils in areas of the jurisdiction of their ministries – health, education, housing, works, etc. The delay in appointing ministers will definitely affect the meetings and operationalisation of the councils. Recall that in his first term in 2015, Buhari wasted six months after swearing in before appointing ministers.
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