By virtue of Section 5 of the constitution which has vested the
Executive powers of the Federation in the President of the country, the
President is constitutionally empowered to exercise those executive
powers.
Following reports that President Buhari will serve as petroleum minister for 18 months, News decided to get a legal angle on the issue.
In an email interview with Abdulaziz Olatunde Bakare, a Lawyer in Lagos state, cleared the air on the legality of the President's decision.
Bakare said "By
virtue of Section 5 of the constitution which has vested the Executive
powers of the Federation in the President of the country, the President
is constitutionally empowered to exercise those executive powers either
by himself or through the Vice President or any Minister or any officer
in the Public service. This provision appears to be an authority for the
current rumours that President Buhari may decide to oversee the
Ministry of Petroleum himself. "
Adding that "The only restriction of the exercise of this power is if the National Assembly
has made any law expressly prohibiting the President from exercising
such powers. Until then, the President can rely on Section 5 of the
constitution vesting the Executive powers of the Federation in him to
directly supervise any Ministry or do so via his vice president or any
Minister he so appoints."
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