‘Withdrawal of Resignation Letters by Former Ministers is illegal’, - Femi Falana ,SAN

 “Having resigned from the President  Muhammadu Buhari’s  administration, Mr. Abubakar Malami, SAN, and Dr. Chris Ngige were reported to have withdrawn their letters of resignation after the farewell meeting.

Such withdrawal is illegal as it constitutes a gross contravention of section 306 (2) of the Constitution which 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.

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.”