President Bola Tinubu has has been accused of constitutional breach ovet his nomination of Oluwole Adama as the executive director of the Midstream and Downstream Gas Infrastructure Fund in the Petroleum Regulatory Authority (MDGIF).

His nomination was announced in a letter read by Senate President Godswill Akpabio during Tuesday’s plenary, shortly after the lawmakers’ resumption from Christmas and New Year’s recess.

The letter was titled ‘Request for confirmation of appointment of executive director for the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA)’.

“In accordance with the provisions of the Petroleum Industry Act 2021, I’m pleased to present for confirmation by the Senate, the appointment of Oluwole Adama as the Executive Director, Midstream and Downstream Gas Infrastructure Fund in the Petroleum Regulatory Authority.

“While I hope that the Senate will consider and confirm the nominee in an expeditious manner, please accept, distinguished Senate President and distinguished senators, the assurances of my highest regards,” Mr Tinubu said.

Mr Akpabio thereafter referred the letter to the Senate Committees on Gas and Petroleum Downstream for consideration to report in one week.

Meanwhile, Suleiman Kawu (NNPP-Kano) raised a constitutional point of order on the matter.

Mr Kawu, in his submission, alleged that Mr Tinubu appointed a new executive director for the midstream, downstream, gas and infrastructure fund without following due process as stipulated in the Petroleum Industry Act (PIA).

“It is a constitutional order that is very common to us at the National Assembly; Section 4 vested the power of making laws for Nigeria.

“Based on this power vested on the national assembly, if we can remember, the last assembly, the Ninth Assembly, passed the Petroleum Industry Act, which was one of the marvellous exercises of this legislative house.

“Under it, the communication sent to Mr President on this executive director, midstream and downstream gas fund, somebody from my constituency was appointed as executive director, which you mentioned,” he noted.

Mr Kawu added, “The appointment is for a term of five years in accordance with the provisions of Section 34 of the PIA. This started in March 2022. It is the Senate who confirmed him.

“There are so many provisions in the act that if for any reason he is removed or replaced, there must be a process in which the executive, although he has the power to appoint, must follow a procedure in line with our laws and Constitution.

“Therefore, I’m drawing the attention of the Senate that the appointment of the gentleman, who is serving his term, was not served with any letter of disengagement or there was no correspondence from anybody but he just heard that he was removed.”

He pointed out that was the reason “I drew the attention of the Senate and, of course, Nigerians to the constitutional breach, which I believe is an oversight from the Executive.”

Responding, Mr Akpabio noted the point of order.

“The two committees on gas and downstream, when you are deliberating as you are reverting to us, please take cognizance of his (Mr Kawu’s) point of order.”

(NAN)