Femi Gbajabiamilia, House of Representatives Speaker, collected handover notes from Ibrahim Gambari, outgoing Chief of Staff (CoS), on Tuesday.

President Bola Tinubu, on Friday, announced Gbajabiamila as his new Chief of Staff (CoS), but the speaker is not scheduled to assume office until June 14.

Earlier, FIJ explained that Gbajabiamila could not assume the role of CoS while still occupying a legislative office.

Despite the constitution’s clear position in section 68 (1), the lawmaker posed for pictures as he collected handover notes from his predecessor eight days before his official assumption of office.

FIJ spoke with lawyers, who gave perspectives to the appointment.

‘HE NEEDS TO VACATE HIS SEAT’

Ridwan Olayemi, a lawyer, told FIJ a member of the National Assembly must first vacate his seat before occupying an office in another arm of government.

He said, “Section 68 (1) (d) provides that a member of the Senate or HoR shall vacate his seat if he becomes a president, vice president, governor, deputy, minister of the government of the federation, commissioner or special adviser.

“Now, what would need to be determined is if the office of the chief of staff falls under Section 68 of the CFRN 1999 (as amended).

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“A chief of staff is a special adviser to the president, so I will argue that he needs to vacate his seat.

“The constitution contemplates there won’t be separation of powers if all arms of government are mixed, and this is the reason for this provision. So yes, Gbajabiamila ought to vacate his seat.”

Olayemi said it was important to consider whether the appointments would take effect immediately or not.

“If it doesn’t take immediate effect, Gbajabiamila is Speaker for 2019/2023 set of the House of Representatives,” Olayemi said. “The 2023/2027 set of the National Assembly is yet to be sworn in. So, if the appointment doesn’t take immediate effect, he’s still a member of the HoR.

“It can also be argued that he won’t be able to perform his function as a lawmaker diligently if he still holds on to the seat.”

IT’S A SLIGHT ON THE CONSTITUTION

Inibehe Effiong, another lawyer, described the move as an illegality and a slight on the constitution.

“It is an aberration, it is not possible. Gbajabiamila is not just a member of the House of Representatives, but the head, so how can he as the head of a distinct arm of government serve concurrently as chief of staff to the President,” Effiong quizzed.

“That is how the Tinubu regime[sic] seems to be belittling our constitutional democracy, because under the constitution, there is the principle of separation of powers.

“Section 4 of the Constitution domiciles legislative powers in the national assembly and the state houses of assembly. In Section 5, the executive powers are domiciled primarily in the president, and Section 6 establishes judicial powers on courts.

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“Under the principle of separation of powers, that separation is not only applicable to government functions, but personnel of government as well.”

Effiong said if Gbajabiamila was occupying an executive office, and had the intention of running for office in the legislature, he would have had to resign, lest it would be grounds for his disqualification.

FESTUS OGUN

Festus Ogun, another lawyer, said he had faith that Gbajabiamila would resign from the green chamber before taking up the executive office.

Ogun said, “There is a clash. He cannot take the position at the same time. He has to relinquish one because there is a principle of separation of power.

“Sections 4, 5 and 6 of the Constitution guarantee separation of powers, and one cannot occupy two different offices.

“The CoS carries out executive functions. One cannot be a minister and at the same time be a legislator. My position is that the president has the discretion to appoint whomever he likes.

“However, we can’t have someone in the executive leading the legislature. I am confident that Gbajabiamila, himself a lawyer, would relinquish office as a legislator before taking the appointment.”

Gbjabiamila, on Friday afternoon, announced he would take up the office on June 14, three days after the 9th assembly’s tenure ends.