The recent appointment of Femi Gbajabiamila, the current Speaker of the House of Representatives, as Chief of Staff to the President by Mr Bola Tinubu has been deemed a constitutional aberration.
An activist and lawyer, Inibehe Effiong argued that Nigeria operates a constitutional democracy based on the principle of separation of powers.
Effiong further pointed out that the 1999 Constitution vests the federation’s legislative, executive, and judicial powers in the National Assembly, President, and established Courts, respectively.
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Therefore, the appointment of the Speaker of the House of Representatives as the Chief of Staff to the President violated the principle of separation of powers.
The lawyer stated that the decision made violated Section 68 of the Constitution. According to this section, if a member of the National Assembly is faced with circumstances that would have disqualified them from being a member at the time of their election, they must cease to be a member.
He said:
“It was 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.
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“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.”
