It’s Illegal For Former Ministers To Withdraw Resignation Letters – Falana

• Ngige’s aide denies knowledge of any resignation letter 

BY EDMOND ODOK – Lagos Lawyer and Civil Rights activist, Mr Femi Falana (SAN) says it is illegal for the Minister of Labour and Employment, Dr Chris Ngige, or any other Minister to withdraw their resignation letters after formal submission to the appointing authority.

Pointedly describing Ngige’s decision to retrace his steps and withdraw his resignation from the federal cabinet as illegal, Falana said; “Such withdrawal is illegal as it constitutes a gross contravention of section 306 (2) of the Constitution”.

According to him, that constitutional provision stipulates that; ‘The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”

In a statement issued in Lagos on Friday night, the human rights lawyer said: “Since the resignation of the former ministers has taken effect, they cannot return to the cabinet either on their own volition or on the directive of the President. The resignation of the ministers is not a cabinet reshuffle. It is akin to the removal of the former ministers by the President.

“Therefore, if the former ministers are going to be reappointed, the President is required by section 147 of the Constitution to submit names to the Senate for fresh screening and confirmation.”

The Labour Minister in his letter withdrawing from the presidential race had said; “Today, 13th May 2022, I had an audience with the President, Muhammadu Buhari as a follow up to the one I earlier had with him on 11th May 2022.

“Having also consulted widely with my family, constituents, supporters and well-wishers, it is my pleasure to announce the withdrawal of my interest and earlier decision to contest the office of the President in the 2023 general elections.

“As a result of this, I will NOT be participating in any of the internal party processes of the said election, starting with the primary.”

However, dismissing Falana’s comments as ‘missing the point’, a close aide of the Labour Minister explained that such a position would have been tenable if his principal had already written and submitted any resignation letter before the formal withdrawal from the presidential race.