Explainer: What happens to the seat of lawmakers nominated as ministers?
On Thursday, July 27, 2023, President Bola Tinubu forwarded the list of ministerial nominees to the National Assembly just before the expiration of the 60-day window set by the law.
The list contained 28 names, including four former governors, seven women, and two members of the 10th Assembly.
Nyesom Wike, the immediate past Governor of Rivers State, who worked against his party, the Peoples’ Democratic Party, during the presidential election, David Umahi, Nasir El-Rufai, and Muhammed Abubakar, were the former governors on the list.
Among the current lawmakers who, after their screening and confirmation by the Senate, will serve under Tinubu’s cabinet include David Umahi, the former governor of Ebonyi State and Senator representing Ebonyi South Senatorial District, and Olubunmi Tunji-Ojo, who represents Akoko North East/ Northwest Federal Constituency of Ondo State at the House of Representatives.
What happens to their seats when they become ministers?
According to Section 68(1) of the Nigerian Constitution, “A member of the Senate or House of Representatives shall vacate his seat in the House of which he is a member if—
“He becomes President, Vice-President, Governor, Deputy Governor, or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser.”
David Umahi, who won his senatorial bid while serving as Governor of Ebonyi State, will now relinquish his seat in the Red Chamber. Out of nine then-serving governors who vied for senatorial positions during the 2023 general election, seven lost their bids. Also, Olubunmi Tunji-Ojo, who served as Chairman of the House Committee on Niger Delta Development Commission (NDDC) and chaired the investigation against Godswill Akpabio in 2020 when he was being investigated for the misappropriation of N40 billion as Minister of Niger Delta, will equally vacate his seat.
It is expected that both lawmakers, after screening which will begin on Monday, July 31, 2023, and confirmation by the Senate, will tender their resignation to the Senate and House of Representatives, through the Clerk of the National Assembly.
Recall that in June 2023, when the former Speaker of the House of Representatives, Femi Gbajabiamila, was appointed as Chief of Staff to President Tinubu, the former lawmaker representing Surulere constituency one of Lagos, wrote to Tajudeen Abbas, who was sworn in as the 15th Speaker of the House of Representatives on June 13, 2023. Abbas is then expected to inform the Independent National Electoral Commission (INEC) of a vacant seat, upon which the electoral body will schedule a bye-election.
Also, in 2022, when Abdullahi Adamu and Abubakar Kyari were elected National Chairman and Deputy Chairman (North) respectively of the All Progressives Congress (APC) while serving as Senators, the duo resigned from the Senate. Abubakar Kyari, who is now the Acting Chairman of APC after the controversial resignation of Abdullahi Adamu, was nominated as a minister and would have to vacate his current seat.
Similarly, David Umahi and Ojo will have to submit their resignation from the 10th Assembly, and thereafter, their seats will be up for contest by all the registered political parties.
With just 28 nominees, which is less than the required minimum of 36 (at least one minister from each of the 36 states), Tinubu is expected to submit more names to the Senate in the coming weeks.
