Saturday, May 21, 2022

Appointment And Dissolution Of The Cabinet:

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No Care Taker Cabinet

The Constitution is very clear on what will happen in terms of cabinet formation after the inauguration of a president. Section 71 of the Constitution categorically states that the President should not waste any time in constituting a new cabinet immediately after his inauguration.

The reason for this is simple. The position of all the ministers become null and void immediately after inauguration.

Section 71(4)(a) states:

“(4)  The office of a Ministers shall become vacant –

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(a)   on the assumption by a person of the office of President;”

Hence according to section 71 (4)(a) as soon as the president is sworn-in the offices of all ministers become vacant and he has to rely on section 71(3) which states:

“Ministers shall be appointed by the President and shall, before assuming the functions of their office, take and subscribe the prescribed oaths.”

Hence the president should constitute his new cabinet now, regardless of whether it symbolizes old wine in new bottles as the old saying goes.

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