SANs Dismiss APC Lawmaker’s Claim That Chief of Staff Is More Powerful Than Vice President

The lawmaker representing Oyo State’s Egbeda/Ona Ara Federal
Constituency at the House of Representatives, Akin Alabi, has said
that, in a presidential system of government such as obtained in
the United States and Nigeria, the post of the Chief of Staff is
more powerful than that of the Vice President.

The APC lawmaker is reacting to President Muhammadu Buhari’s
signing of the Deep Offshore (and Inland Basin Production Sharing
Contract) Act in London, where he is currently on “private
visit.”

His Chief of Staff, Abba Kyari, had taken the document to him on
Monday, leading to speculations that Vice President Yemi Osinbajo
has been sidelined.

In reaction to the lawmaker’s claim, two Senior Advocates of
Nigeria — Messrs Ebun-Olu Adegboruwa and Ifedayo Adedipe — said
Alabi’s assertion had no constitutional basis.

Alabi, who is the founder of Nigeria’s first online sports
betting portal, NairaBET, made his views known via his Twitter
handle @akinalabi on Tuesday.

In a series of tweets, the APC lawmaker said the Chief of Staff
“is the assistant President, while the Vice President is merely a
stand-in for the president.”

“Whether you like it or not, in a presidential system of
government (eg, US, Nigeria), the post of the Chief of Staff is
more “powerful” than that of the Vice President. He is the
assistant President. The Vice President is a stand-in for the
president,” the lawmaker said.

Continuing, he said, “It is NOT the duty of the Vice President
to take a bill to the president. It’s the job of an assistant. Like
the Chief of Staff.

“The Vice President has been excellent performing his
constitutional duties and the ones assigned to him.”

He surmised that, “If the President decides NOT to see Vice
President Osinbajo as a PA, which I don’t think he should, then I’m
100% in support of that.”

Dealing knocks to those he described as noisemakers, Alabi said,
“I understand the political agenda of the noisemakers but anyone
ready to learn should learn.”

Wondering what Osinbajo’s relationship is with Buhari’s Chief of
Staff Abba Kyari, Alabi tweeted further, “I don’t know whether
there are problems between the Chief of Staff and the Vice
President. Maybe there is. It’s politics and it happens
everywhere.

“But with this bill signing issue, there is nothing out of the
ordinary for the Chief of staff to bring a document for the
president.”

Speaking with The PUNCH not, TheNigerialawyer on Tuesday,
however, a Senior Advocate of Nigeria, Mr. Ebun-Olu Adegboruwa,
said the office of the chief of staff was unknown to Nigerian
law.

He, therefore, said there was no need for such controversy.

Adegboruwa said, “The chief of staff is the head of the
President’s personal staff. But our Constitution in Nigeria is
different from other countries.

“The Supreme Court has held that the vice-president runs on the
same ticket with the President and can act on his behalf when the
President is not available.

“The second point is that the vice-president enjoys the mandate
of the people through the ballot and can only be removed as
recommended by the Constitution, while the chief of staff can be
sacked at any time.

“Elevating a chief of staff above the vice-president is an
aberration.

“What is playing out in Nigeria presently is an unfortunate
development on how our system is being bastardised, where a bill is
taken to the President in London to sign a law for Nigerians.”

Adegboruwa called on the President to surround himself with good
legal advisers so as not to undermine the Nigerian
Constitution.

“I think it is important for the President not to operate as an
offshore leader,” he added.

Speaking in the same vein, Mr. Ifedayo Adedipe (SAN), said the
[office of the] chief of staff is unknown to the Constitution of
Nigeria.

Adedipe said the chief of staff had no statutory role and was an
“unelected official” and thus could not be more powerful than a
person occupying a constitutional office.

He said, “What law makes a chief of staff more powerful than the
vice-president?

“The chief of staff is a personal staffer of the President, as
opposed to the vice-president who is constitutionally recognised to
act.

“If a President is disdainful of the vice-president, it is
because the society permits it.

“The fact that the chief of staff has the ears of the President
doesn’t make him equal to an elected official.

“The office of the chief of staff is not known to law.”

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Invest in Solid Minerals Mining, FG urges Local
InvestorsRu
The Honourable Minister of Mines and Steel Development, Arc.
Olamilekan Adegbite, has called on local investors to invest in
mining of solid minerals that are abound in the country, saying
that such investment would encourage foreign investors to put their
money in the Minerals and Metals Sector of the economy
The Minister stated this during a press briefing at the Ministry’s
Headquarters in Abuja on Monday, November 4, 2019, to herald the
3rd edition of the National Council on Mining and Mineral Resources
Development (NCMMRD) tagged: ‘Nigeria Mineral and Investment
Sector, Spectrum for Investment Opportunities for Economic Growth
and Development,’ holding from Wednesday 6th – Friday 8th,
November, 2019, at Trade Fair Centre by Fountain Hotel, Archbishop
Adetiloye Hall, Iyin Road, Ado Ekiti, Ekiti State.
He said the theme of the Council Meeting is to make the investing
public and other stakeholders, especially Nigerians to be aware of
the opportunities that are abound in the Minerals and Metals
Sector.
“Opportunities are available in the sector to stakeholders and
investors to invest their money. When an investor is coming from
outside, the first thing to look at is what are the local people
doing.”
“If the local people are not putting their money, then it can’t be
lucrative. Basically that is what foreign investors look out for,
that is why we are urging local investors, no matter how small, to
come into the sector,” noting that this will encourage foreign
investors to put their money into the mining business.
The Minister also called on the State Governors to form companies
that would go into mining, as the law allows it, instead of the
usual interference in mining activities in the states in the name
of revenue generation.
He stated that mining is in the exclusive legislative list, but
that in their eagerness to deliver the dividends of democracy, the
governors often ‘jump into mining.’
“We are saying that rather than doing the way as they have been
doing, the law has allowed them to form a company that can go into
partnership or if they can, do it alone.”
Speaking further, he said the National Council Meeting, which is an
advisory platform, comprised of state commissioners and permanent
secretaries in charge of mining and mineral resources from the 36
states and FCT, including participants from the academia, private
sector security, practitioners and leaders of mining unions, will
be brainstorming on issues affecting all the stakeholders in the
sector and initiate policies that will boost the industry.
According to him, the Council Meeting in Ado Ekiti is very
appropriate as present Governor of the State, Dr. Fayemi Kayode,
who was a former Minister of the Ministry, and also Chairman of
Governors’ Forum, with his wealth of experience in the sector, is
in the best position to help the ministry achieve most of the
policy thrust and also to convince his colleagues to abide by the
existing mining laws.
The Minister highlighted some of the milestones achieved through
past Council Meetings, including development and implementation of
the roadmap; improved transparency in mineral title administration;
improvement in the ease of doing business amongst others.
He stated that the focus of discussions in this 3rd edition of the
meeting would deepen the awareness of opportunities that would
attract more investors into the sector.
The Minister of State, Dr. Uchechukwu Sampson Ogah, in his welcome
address stated that the purpose of the briefing was to intimate the
public on the forth coming events and efforts being made to move
the sector to the next level.

Ekwugha S. Chinwe
ACIO
For: Director (Press)