Office Of The Chief Staff: Matters Arising.

through his Chief of Staff, Abba Kyari now late,it provoked public
commentary from some Nigerians. Some believe rightly or wrongly,that it
is an abdication of responsibility.
The President reportedly justified the directive on the ground that it
was necessary to speed up the process of decision-making within the
administration.Beyond the stated raison d’etre,however,it is worthwhile
to interrogate the legal or constitutional status of the office of the
Chief of Staff to both the President and State Governors.

During the nineteenth century, United States Presidents had few aides.
Thomas Jefferson had one messenger and one secretary, both of whose
salaries were paid by the President personally,these roles were usually
fulfilled by their relatives, most often their sons or nephews. James K.
Polk notably had his wife take the role.In 1875 during the  tenure of
President Buchanan the Congress created an official office called the
“Private Secretary at the White House”and funded the position.The
occupant role combined personal and professional assignments that were
highly delicate and required great skill and discretion.
ln1953,President Eisenhower re-designated the position as chief of a
staff to the President.Duties of the United States White House Chief of
Staff vary greatly from one administration to another and in fact,there
is no legal requirement that the president should fill the
position.Because of these duties,the chief of staff has at various times
been labeled”The Gatekeeper.”

ln United States the current official title is Assistant to the
President and Chief of Staff.Originally, the duties now performed by the
chief of staff belonged to the president’s private secretary.The Chief
of Staff generally works behind the scenes to solve problems, mediate
disputes and deal with issues before they are brought to the Chief
Executive.
Often chiefs of staff act as a confidante and adviser to the chief
executive,acting as a sounding board for ideas.

In Nigeria, this office was first introduced with the return of civil
rule in 99 under President Obasanjo.It appears to have been borrowed
from, if not exactly modelled after, the position of the Chief of Staff
to the President of the United States.Unlike the United  States, the
Nigerian Presidents since 1999 have Permanent Secretary, Private
Secretary and Chief of Staff.
The late President Yardua appointed only the Private Secretary and
abandoned the office of Chief of Staff.His successor Jonathan
appointed.Private Secretary and Chief of Staff who were political and
the permanent secretary who was accounting officer and a career civil
servant as well ,the same pattern President Buhari follow.

Unlike what is obtainable in United States the Office of the Chief of
Staff to the President (or a State Governor) is neither specifically
recognised nor created by either the Constitution or the Public Service
Rules,or an Act of the National Assembly or a law enacted by a State
House of Assembly.At least, none that I’m aware of.To that extent, the
validity of those offices depends on whether their occupants can be said
to belong to the personal staff of the President or State Governors, as
the case may be, within the contemplation of Sections 171(1)(e) and
208(1)(d), respectively, of the Constitution.

It is conceded that the definition of “personal staff” under the
Constitution (like every other word or phrase used therein) should be
given a broad and liberal interpretation. However, I believe that the
remit of the Chief of Staff to the President outlined above belies that
view.This is because, to my mind, those functions are clearly official.
However,assuming without conceding, that the CoS belongs to personal
staff of the President (or a State Governor),he or she is,at best,in the
same category as a Personal Assistant which itself is not recognised
under the Constitution: only the offices of Special Advisers to the
President and State Governors, are-by virtue of Sections 151 and 196,
respectively, of the Constitution.

Is the Chief of Staff to the President (or a State Governor), a Special
Adviser to either of them? If he (or she) is not, then that position
would be alien to the 1999 Constitution, unless it can fairly be
interpreted as merely a means of exercising the executive powers of the
Federation (or  State), within the contemplation of Section 5(1)(a) and
5(2)(a), respectively, of the Constitution. These clauses permit the
President and State Governors to delegate their powers to, inter alia,
officers in the public service of the Federation or of the State, as the
case may be. Unfortunately, the definition of such officers in Section
318(1) of the Constitution excludes the Chief of Staff.

I humbly posit that the creation of the office of the Chief of Staff to
both the President and State Governors is ultra vires and
unconstitutional and for the occupant to be coordinating the activities
of Ministers is an abuse of office,because of enormous power the
occupant enjoin,it’s appropriate therefore for the National Assembly to
made in my opinion, Sections 148(1) and 193(1) of the Constitution
provide a surprisingly handy solution. They provide that the executive
powers of the Federation or the States shall be exercised directly by
the President/Governors or through the Vice-President/Deputy
Governors,Ministers/Commissioners or officers in the public services of
the Federation/State, respectively. In other words, the President and
State Governors can simply confer the functions of a CoS on the
Vice-President/Deputy Governors, a Minister or Commissioner, stating
clearly that he or she is responsible for the day-to-day administration
of the State House or Government House, as the case may be. We cut but
pasted wrongly.

Olufemi Aduwo
President &Permanent Representative ,Centre for Convention on Democratic
Integrity Convention on Democratic Integrity (CCDI)
Email. olufemi.aduwo@ccdiltd.org
Tel:+2348087047173