The withdrawal of resignation by Attorney-General of the Federation and Minister of Justice, Abubakar Malami and his labour and employment counterpart Chris Ngige is illegal.
This is was disclosed by a senior lawyer Femi Falana, SAN in a statement Friday night.
Chief Falana said there were reports that Malami and Nigige had withdrawn their letters of resignation after the farewell meeting.
Malami had withdrew from the Kebbi governorship race Friday night.
This is coming hours after he and eight other ministers seeking elective offices in 2023 general elections held a valedictory meeting with President Muhammadu Buhari.
Earlier on Friday, Mr Ngige also withdrew from the 2023 presidential race.
Ngige said he withdrew from the race after he “widely consulted with his family, constituents, supporters and well wishers.”
In the statement, Falana said such a withdrawal is “illegal” as it is constitutes “a gross contravention of section 306 (2) of the Constitution which stipulates that the resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it”.
”Since the resignation of the former ministers has taken effect, they cannot return to the cabinet either on their own volition or on the directive of the President,” the statement reads.
“The resignation of the ministers is not a cabinet reshuffle. It is akin to the removal of the former ministers by the President.
“Therefore, if the former ministers are going to be reappointed, the President is required by section 147 of the Constitution to submit names to the Senate for fresh screening and confirmation.”
