As Ngige, Malami withdraw resignation letters, Falana warns cabinet return not automatic

Ministers who resigned due to their political ambition can only be reappointed after confirmation by the Senate, a human rights advocate and senior lawyer, Femi Falana, has said.
He spoke against the backdrop of President Muhammadu Buhari’s directive on Wednesday that his cabinet members seeking elective positions must resign on or before May 16.
Following the directive, some ministers had tendered their resignation, while the President on Friday met with the outgoing cabinet members.
Minister of Justice t Attorney-General of the Federation, Abubakar Malami,
and Minister of Labour and Employment, Chris Ngige,
were among the cabinet members present at the valedictory session.
But Ngige announced his withdrawal from the 2023 presidential race in order to concentrate on his job.
There are also reports that Malami has withdrawn from the Kebbi governorship race.
In a statement, Falana said there were reports that Malami and Nigige had withdrawn their letters of resignation after the farewell meeting.
He said such a withdrawal was “illegal” as it constituted “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.”