Judiciary Latest Legislature Politics

Commissioner Defends Government As Cross Riverians Debates Constitutionality Of Aviation Minstry

By David Agabi

Rt Hon Jake Otu Enya

The establishment of the Ministry of Foreign Affairs and Aviation by the Cross River Governor, Sir Ben Ayade has receives hue and cry from different stakeholders, politicians and citizens across board, regarding the legality of such ministries.

The raging debate arose as some said the constitutionality of such ministries would be put to question considering that its falls on the Exclusive Legislative List as enshrined in the Second Schedule of the constitution of the Federal Republic of Nigeria (as Amended).

External (Foreign) Affairs is the 26th item in the exclusive legislative list, while Aviation, including airports, safety of aircraft and carriage of passengers and goods by air is the 3rd item in the 68th items in the list.

Meanwhile, the Commissioner for Aviation, Bar Jake Otu Enya said the Governor, Ben Ayade has not offended the provisions of the constitution in creating the ministries, arguing that the governor is the head of government in the state, and by virtue of the provisions of section 5 of the constitution, the state government have absolute constitutional powers to establish ministries in order to perform certain executive functions.

He said “such executive functions can be perform either through the Governor himself, the Deputy Governor or his Commissioners”

Arguing further, Otu said considering section 192 as contemplated in the constitution, the governor has done nothing wrong.

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