QUESTION OF THE DAY
Section 42 subsection (5) of the Constitution states that,
“A person shall not be qualified for appointment as a member of the Commission if –
(a) he or she is a member of the National Assembly;
(b) he or she is, or has at any time during the two years immediately preceding his or her appointment, been nominated as a candidate for election as a member of the National Assembly;
(c) he or she is, or has at any time during such period of two years been, the holder of any office in any organization that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of the National Assembly or of any local government authority or if he or she has actively identified himself or herself with any such organization;
(d) if he or she holds an office in the public service other than as a member of the Commission or the staff of the Commission;
(e) if he or she has been convicted in any country of an offence involving dishonesty or moral turpitude.”
The president of the republic should always be careful in appointing a person to hold public office. He or she should look at the Constitution and other relevant laws of the country and appoint a person whose qualifications and credentials falls under the ambit of the law.
This is why every president has an Attorney General as a principal adviser. Such adviser should be consulted in order to avoid malpractice or unconstitutional behaviour.