Chieftain of the All Progressives Congress (APC), Chief Okoi Obono-Obla, has stated that the Cross River State Governor, Professor Ben Ayade, has no powers to appoint envoys to foreign countries.
Obono-Obla stated this in a reaction to a report in the media credited to Ayade to the effect that he was planning to appoint envoys to foreign countries, especially the United States, Japan, United Kingdom and many other European and African countries.
Reacting to the proposal, Obono-Obla, said given the provisions of the Nigerian constitution, the governor of a state has no powers to appoint envoys.
In a statement issued by Obono-Obla and made available to journalists, he said: “I was really flummoxed this morning when I read the story titled: “Ayade to Appoint Envoys to Foreign Countries “ where Governor Ben Ayade of Cross River State in his presentation of the Appropriation Bill of 2016 was quoted to have said he will send envoys to the United States, Japan, United Kingdom and many other European and African countries.”
Citing legal authorities to back up his claims, Obono-Obla said: “I want to kindly and respectfully tell Governor Ayade to simply banish the idea of appointment of foreign envoys to foreign countries because he has no atom of power under the Constitution of the Federal Republic of Nigeria,1999 (as altered and amended) to dabble into international relations or external affairs. In other words, the Cross River State of Nigeria under the prevailing “Constitutional Order in the country has no jurisdiction over foreign affairs or international relations.
“It follows that only President Muhammadu Buhari has the power to appoint envoys, accredit and send to foreign countries under the extant constitutional and political order in the country. Item 26 of Part One of the Second Schedule to the Constitution of the Federal Republic of Nigeria unequivocally and clearly provides that external affairs is the exclusive preserve and constitutional responsibility of the Federal Government of Nigeria. Although in certain instances under international law federating regions are regarded as having the power to conduct international relations.
“However, this is not applicable to the Nigerian federation. In the celebrated case of Diepreye Solomon Peter Alamieyeseigha versus The Crown Prosecution Service (2005) EWHC 2704, the High Court in the United Kingdom was confronted with the issue whether or not Diepreye Solomon Peter Alamieyeseigha, the Governor of Bayelsa State of Nigeria was entitled to state immunity. The court answered the issue in the negative. The court held further that Bayelsa State as a federating unit in Nigeria has no capacity to enter into international relations it. Therefore the governor cannot enjoy state immunity from criminal prosecution.
