
Some 2023 presidential aspirants have failed to meet the resignation deadline issued by the All Progressives Congress (APC)
The ruling APC party ordered those interested in political positions to resign from office for a month until elections are held.
Despite the apparent consistency of government, the elected officials, especially those working in President Buhari’s cabinet, have refused to resign.
Three ministers, Rotimi Amaechi (Transport), Chris Ngige, (Staff and Employment) and Chukwuemeka Nwajiuba (public education), are running for president. The Federation’s Attorney General and the Minister of Justice, Abubakar Malami, have announced the post of governor of Kebbi State.
The presidential has been scheduled for May 30 to May 31.
Nwajiuba, however, dismissed the concern, saying, “The resignation of a minister or anybody who is in office is guided by the constitution to contest elections.
“My position is that the law of the country rests on the ground norm called the constitution. If you do not like the constitution, your work is to amend it. There is no subrogation of power that is required for you to include into a law what is not deemed as included in that law.”
He was referring to the provision of the 1999 Constitution (as amended) which stipulates that those in public office must retire 30 days before the election to which they wish to participate.
Their refusal to step down also violates Section 84 (12) of the Electoral Act, which requires them to resign before running in the primaries.
While it appears the ministers are hoping for a final reversal of the Constitution, senior lawmakers have told them they may walk the tightrope.
Leading attorney Femi Falana told the Nigerian Tribune that those seeking a minister do not have a constitution because they are not members of the civil service body proposed by the constitution.