Onwuka Nzeshi 
…Demands inclusion of aspects of 1960, and 1963 Constitutions in the current Constitution
A former Minister of Information, Chief Edwin Clark has appealed to members of the 10th National Assembly to consider the inclusion of some provisions of the 1960 Independence Constitution and the 1963 Republican Constitution into the 1999 Constitution pertaining to the appointment of ministers, as part of the restructuring of the governance structure and consolidation of democracy in Nigeria.
The elder statesman said that the amendment will enable the President of Nigeria to appoint capable, competent, men of integrity and capacity, who are elected members of the National Assembly, as Minister of the Federal Republic of Nigeria.
Chapter VI of the 1960 Independence Constitution, in Section 81(6) states that: Subject to the provisions of sub-section (11) of this section, a person who holds office as Minister of Government of the Federation for any period of four consecutive months without also being a Senator or a member of the House of Representatives shall cease to be a Minister at the expiration of that period or, if that period expires at a time when parliament is dissolved and he does not in the meantime become a Senator or a member of the House of Representatives, at the date on which Parliament first meets after that dissolution. The 1963 Republican Constitution, also had a similar provision.
In an open letter addressed to the lawmakers, Clark lamented that since 1979 when Nigeria adopted the presidential system of government, the appointment of Ministers of the Federal government has not taken into consideration, the interest of the people as the Presidents normally appointed Ministers from among their friends, relations, party faithful, or from recommendations from Governors and others.
In most cases, he said, such Ministers do not owe allegiance to the people or even the President who appointed them, but to those who recommended them for appointment. He observed that even though ministers are currently appointed based on their states of origin, they clearly work in silos and are insulated from the people.
“The submission of ministers’ names to the Senate by the President for screening, in most cases, is a mere formality, as the Senate seem not to have set out standard to screen these nominees. So, most often, they will only tell them to take a bow and leave.
“There are equally some cases where former Governors or Ministers who are under probe by the anti-graft agencies will also be cleared. It must be appreciated that some of the Senate members are facing corrupt charges in courts for over ten years, where they are accused of having embezzled or looted their state government treasury during their period as Governor of such States.
“This is unlike what happened when we were operating the 1960 Independence and the 1963 Republican Constitutions when explicit provisions were made to reflect that Ministers appointed should be representatives of the people who will be responsible to the people who elected them.
“I do not think there is any harm in including it in our Constitution in order to enhance the commitment of our Ministers as representatives of the people because they will then be voted for by the people. I submit that the current reality of the Nigerian situation is such that we must restructure for our survival as one united country, and usher in a progressive and democratic nation,” he said.
Clark argued that a cabinet minister who is elected either as a Member of the House of Representatives or a member of the Senate, will not only enjoy the confidence of his colleagues in parliament, but such appointments will improve the relationship between the Executive and Legislature.
