Monday, 29 September 2014

Does the Constituion confer on the President the power to place Nigerian flag designer,Pa. Akinkunmi on a 'life salary'?

By Izu Aniagu

President Goodluck Jonathan has placed Pa Taiwo Akinkunmi the
designer of the Nigerian Flag,on the salary of a Special Assistant forever,
according to a tweet by the Special Assistant to the President on New Media, Reno Omokri (renoomokri).

Now, I have no problem with rewarding good deeds. But where
in the Nigerian Constitution did
Jonathan get the power to confer a salary-for-life verdict on anyone?

Below are the relevant sections of the Constitution and it is clear that Special Advisers, Special Assistants and all presidential aides cease to
exist after the tenure of the one who appoints them.

Section 151 (1) states: The President may appoint any person as a Special Adviser to assist him in the performance of his functions.

(2) The number of such Advisers and their remuneration and
allowances shall be as prescribed by law or by resolution of the National
Assembly.

(3) Any appointment made
pursuant to the provisions of this
section shall be at the pleasure of the President and shall cease when
the President ceases to hold office.

152. A person appointed as Special Adviser under section 151 of this
Constitution shall not begin to perform the functions of his office
until he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of
Allegiance and oath of office prescribed in the Seventh Schedule
to this Constitution.

As a lawyer friend of mine pointed out, these persons "are more like
personal 'servants' whose offices are also tied to the tenure of their
appointor. They cannot, by any stretch of imagination,stay in office one second beyond the tenure of their appointors.

So, how did this obvious gaffe slip pass the table of the country's
AttorneyGeneral and Minister of Justice including Jonathan's retinue of advisers?

No comments:

Post a Comment