Re Appointment Of The Chief of Staff: Not an Aberration of the Constitution of the Federal Republic of Nigeria -Tale Alabi, Esq.
As a matter of fact, I admire the adumbration of Mr. Effiong and especially his dispositions yo issues of National interest. With kind reference to his latest remarks alluding the appointment of the Chief of Staff to a constitutional aberration, I beg to differ.
Recalling from the write up of Mr. Effiong vis a vis the lucid meaning and intendments of the CFRN, 1999, it is inapposite to assume that Mr. Gbajabiamila ought to have first resigned his position before announcing the acceptance of the appointment.
A clear indication of the misunderstanding, with respect of the sectional and contextual meanings of the provisions of the CFRN 1999 on the subject by Mr. Effiong was obvious in his contradistinction of a situation where in Mr. Gbajabiamila would have not been able to contest for an election into the House of Assembly as a member staff of the former President Muhammad Buhari without first resigning such an appointment.
In the present day instance, Mr. Gbajabiamila has resigned his membership of the House of Assembly a forti rari, as the Speaker of the present House of Representatives with immediate effect (upon his acceptance) of the offer to become the Chief of Staff to the incumbent Asiwaju Bola Ahmed Tinubu.
With respect, equity looks at the intent rather than the act. Had it been that Mr. Gbajabiamila had held on to the reins of Speakership till the end of the current legislative dispensation, I would have aligned myself with Mr. Effiong’s position.
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Again, it would have made no logical sense in law for Mr. Gbajabiamila to have first resigned his position and membership of the House of Assembly when he had not accepted the new offer. This is a common knowledge on the contractual principle of law that an unaccepted offer can not translate into an agreement to contract.
Without much ado and with utmost respect to my learned colleague, I do not see any breach of the Constitution by the appointment announced of Mr. Gbajabiamila as the new Chief of Staff to Asiwaju Bola Ahmed Tinubu.
Tale Alabi, Esq.
Tale Alabi & Co