Gbajabiamila's Appointment as Tinubu’s Chief of Staff Unconstitutional, Prominent Lawyer Makes Revelations

• Lawyer Inibehe Effiong has said the principle of separation of powers in Nigeria has suffered a travesty
• Effiong said it is a constitutional aberration for President Bola Tinubu to have announced Gbajabiamila as his Chief of Staff (CoS) while the speaker is still a legislator
• The legal practitioner argued that Tinubu should have waited till after Tuesday, June 13 before announcing the speaker as his CoS

FCT, Abuja - Prominent human rights lawyer, Inibehe Effiong, on Friday, June 2, said Femi Gbajabiamila’s appointment as President Bola Tinubu’s Chief of Staff (CoS) is a constitutional aberration.

Gbajabiamila is the incumbent speaker of the House of Representatives.

Legit.ng reports that the span of the 9th National Assembly expires on Tuesday June 13.

Effiong addressed the fact that the current speaker of the green chamber is to assume office as CoS on Wednesday, June 14, 2023.

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‘A travesty of the principle of separation of powers’: Effiong fumes at Tinubu

The legal practitioner further described President Tinubu’s decision as “a travesty of the principle of separation of powers”.

He wrote:

“Nigeria operates a constitutional democracy based on the principle of separation of powers. Sections 4, 5 and 6 of the 1999 Constitution vest the legislative, executive and judicial powers of the Federation in the National Assembly, President and established Courts respectively.

“The principle of separation of powers under our constitutional framework applies both to functions and personnel of the different organs of government. The intention of the framers of the Constitution was to give each arm independence from the other arms of government.

“It is a travesty of this principle, for Gbajabiamila’s appointment as Tinubu’s Chief of Staff to be announced without him first resigning not only his speakership position, but also his membership of the House of Representatives.”

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CoS: “National Assembly members forbidden from occupying executive position while still a legislator”, Effiong

Explaining the legal angles to the development, the public interest lawyer stressed that the position of Chief of Staff is a very significant executive position.

His explanation:

“By virtue of 68 of the Constitution, it is forbidden for a member of the National Assembly to occupy 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 arises which would have disqualified such a member, had it arisen at the time of the election. This appointment is such a circumstance.

“Section 68 of the Constitution further provides that a member of the National Assembly shall cease to be a member, if circumstances arises 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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'Gbaja will resume will resume on June 14', Tinubu's aide on digital media

Meanwhile, Olusegun Dada, the Special Adviser to the president on Digital Media, has stressed that Speaker Gbajabiamila will resume as Chief of Staff to the President on Wednesday, June 14, 2023.

Dada wrote on his verified Twitter page:

"For any avoidance of doubt, Speaker @femigbaja will resume as Chief of Staff to the President on the 14th of June, 2023 as reflected in Mr. President's official letter of appointment to him. His tenure as Speaker ends on the 13th of June 2023."

Gbajabiamila reacts to Tinubu's Chief of Staff appointment

Legit.ng reported that Gbajabiamila, the speaker reacted to his appointment as the Chief of Staff to President Tinubu.

Tinubu at a meeting with the members of the Progressives Governors' Forum at the presidential villa in Abuja announced the appointment of the speaker.

Source: Legit.ng