The Federal High Court sitting in Abuja has ruled that President Muhammadu Buhari did not violate the constitution by merely proclaiming that he is the Minister of Petroleum.
Senior Advocate of Nigeria (SAN) Dr. Olisa Agbakoba had filed the case to determine the constitutional qualification of the President of Nigeria also holding office as the Minister of Petroleum.
Delivering judgment, Justice Mohammed held that: “The phrase ‘hold’ as contained in Section 138 meant to preside, act, to possess, occupy or conduct the actual day to day running of the office.
“That merely proclaiming/announcing that he (the President) was the Minister for Petroleum was not enough to conclude that he holds the office of Minister.
“That if the president had not appointed anybody to see to the day to day running of the office i.e. Ibe Kachikwu, the court’s decision would have been different.”
“Unless it can be shown that the President is directly conducting, directing, occupying the office of the Petroleum Minister then, it can be said that the President actually holds the office of the Petroleum Minister,” Mohammed added.