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DAILY LAW TIPS (Tip 390) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

*REQUIREMENTS FOR BEING A MINISTER IN NIGERIA.
*

First of all, the law is the law until such law is changed.

The only requirements for any person to be made a Minister of
the Government of the the Federation are the same requirements for
any person to be elected as a member of the House of
Representatives. And, the requirements are;

A Minister of the government of the Federation, must;

1. Be a Nigerian citizen

2. Be more 30 years old or more

3. Be educated up to at least school certificate level or its
equivalent.

4. Be a member of a political party and is sponsored by that
party.

5. Not be a person that is not a citizen of Nigeria by birth but
is also a citizen of another country by any other means apart from
by birth.

6. Not be a person that is adjudged or declared to be lunatic or
of unsound mind under any law in Nigeria, except where such
decision is on appeal before any court of law and such appeal is
not withdrawn or abandoned or completed.

7. Not be a person that has a sentence of death imposed on him
or sentence of imprisonment or fine for offence involving
dishonesty or fraud or for any other offence imposed on him by any
court of law or tribunal or competent authority. Except where such
decision is on appeal before any court of law and such appeal is
not withdrawn or abandoned or completed.

8. Not be a person that has within less than ten (10) years from
the date of his appointment as Minister has been convicted and
sentenced for an offence involving dishonesty or contravention of
the Code of Conduct.

9. Not be a person that is undischarged bankrupt, having been
declared bankrupt by any law in Nigeria except where such decision
is on appeal before any court of law and such appeal is not
withdrawn or abandoned or completed.

10. Not be a person that is employed in the public service of
the Federation or any state and has not resigned, withdrawn or
retired from such employment at least 30 days before the date of
his appointment.

11. Not be a person that is a member of a secret society

12. Not be a person that has not presented a forged certificate
to the Independent National Electoral Commission (INEC).

However, it must be noted that although the Constitution of the
Federal Republic of Nigeria 1999, provides that the requirements
for a person to be appointed a Minister are same for any person to
be elected to the House of Representatives, the constitution failed
to mention that the clearly elective specific requirements of
“being a member of political party” and also “the presentation of
forged certificates to INEC” will be waived for appointment of
minister. Hence, following the requirements for a person to be
elected as member of House of Representatives as those for any
person to be appointed a Minister, strictly, may cause some boat
rocking. To some persons this issue may appear trivial and mere
academic but it can be a point for one to approach the courts for
interpretation. There is need for this part of our constitution to
be amended for clarity.

My authorities are sections 28, 65, 66, 147(5), 318 and 319 of
the Constitution of the Federal Republic of Nigeria, 1999.

#DailyLawTips
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Feel free to reach the author, ask questions or make inquiries
on this topic or any other via [email protected][1]
or [email protected][2]
or +2348037665878.

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References

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