Farewell Ceremony For Resigning Ministers Marked Their Exit From Cabinet — Falana SAN Replies Prof. Obiaraeri

Senior Advocate of Nigeria, Femi Falana has insisted that all Ministers who opted to resign from the Federal Executive Council after President Muhammadu Buhari’s directive last Wednesday for the resignation of all political appointees with political ambitions in the 2023 general elections are estopped from returning to the cabinet.

Mr Falana had earlier argued that the return of the Ministers of Justice and Labour and Productivity respectively to the cabinet was unconstitutional as they had already tendered their resignation.

However, in a dissenting opinion, a law Professor, Prof. N.O. Obiaraeri was reported as opining that such resignation from the Federal Executive Council could not take effect as their resignation letters were not expressly acknowledged or accepted by the President.

However, in a response to Obiaraeri’s opposition, Falana insisted that the resignation of the Ministers takes immediate effect from the moment the writing signifying resignation is received by the authority to whom it is addressed, stressing that an acknowledgement is not a compulsory prerequisite for the execution of a resignation letter.

In a statement made available to The Lawyer, Falana stressed that “By Femi Falana SAN “the Constitution does not provide for “a written acknowledgment of the letter and acceptance of the letter of resignation”. As far as the Constitution is concerned, the resignation of a Minister takes effect once the letter of resignation is received by the appointing authority. For the avoidance of doubt, section 306 (2) thereof provides 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.”

The Learned Silk also referenced judicial decisions in support of his contention.

He said “Apart from the direct and express provision of the Constitution, this is also the position as judicially proclaimed in several cases. In Benson v. Onitiri (1960) SCNLR 177 @189-190; Sunday v. Olugbenga & ors (2008) LPELR-4995 (CA); WAEC V. Oshienebo (2006) 12 NWLR (Pt. 994) 258 it was held that resignation or voluntary retirement takes immediate effect, once received by the employer or agent of the employer. In Yesufu v Governor of Edo State & Ors (2001) LPELR-3526 (SC) it was held that resignation needs not be formally “accepted”.”

According Falana, the implication of the valedictory ceremony for the Ministers is the President’s acceptance of their resignation and decision to exit them from his cabinet.

“From the foregoing, the implication of inviting the outgoing Ministers to the valedictory ceremony was that President Buhari had made up his mind to dispense with their services with effect from May 16, 2022. And the participation of the ministers in the valedictory ceremony without any protest whatsoever meant that they had accepted their exit from the cabinet. Having regards to the facts and circumstances of the exit of the Ministers.”

He also took a swipe on Ministers who have reportedly recinded their resignations and urged the President to call them to order immediately.

He wrote; “But two of ministers have announced their plans to sit tight in office and thereby expose the country to undeserved ridicule. While wishing them well in their dream world it is hoped that the Federal Government will call them to order without any further delay.”