Ayour LN TB. Con) 2008 fl: pues Too, Ma | ‘i iF j uadé of powers, 4t is clear Matitution of Nigeria, the executive } ‘mer such’ S¢#icers ne (See Section (1) 1999 and 504) (a) craw 1929). Df the State 9 be exercised by tnen di: }9F8 and the Commiasioners >¢ tné ment of that State of officers 4H‘the. pub! State. (See seGtiom’ 5(2): (a) cea 1999) % by the pr federation + thereto: tate 48 being ex ake office, A€8/and tothe exeéution » National and st: Et -make laws. assemblies £T : ecutive gover of the state hovever, $8 restricted: ‘ne executive paver “ ereteta sp ine extent that it shall not be exercised 86 to Inptde or prejudiced thé exercise of the executive pawe: ; nee Atoe enangee tne cone Sronnce of, tne Federal f Government of Wigeria or any asset or investment of thie { Government of the Federation in that. state.: (see section (2) (b). and (e) cFRE 1999), ‘The executive power assigned to the’ President, of tne Federal Republic of nigeria. is also restricted [Link] “oroundss These geounds are that, ne shall aot ceclare 3 She sparoval encough a resolution af both Houses, of the. Nat Sonal ig Aspenbly sitting tn a Joint session, secondly, no tember 2f° ‘the armed forces of the Federation shall be deployed on combat uty, Sutaide wigerte, eicept the prise consent of tke Hoove 3 (Senate nas been approved. (See Section 5 (4) (2) and (b) cra 2995), ee Despite, the existence of the provision above, the, President is permittes to deploy menbers of the armed fore of the Federation on = Lis Tf he is satisfica that the national enveat 2r 28 duty, sutsige the country, : security £8 under ‘inetnient i Ganger. But, thts. déploywent can oniybe carviod out after the Peesicent hes neld conavitetion wien tne Hetional {L _Befence cosncii.. (see section 5.(5) crn 1999); vj. The Prtsiaent 4s alo [Link] seek the consent of i tne jenate within seven days of the actual. combat enaégenent bra he senate 18 requiced to give its consent or refuse! te fveh.o combat: engagesent within fourteen days, Thib provision appears more ex tensive under-the present const itu ‘ony particularly in the area sf tne duration decation is engaged stsige gotta fOr combat duty. Jr hiseriay the peestent a8 welt aa: tneoovecneee asc liste by the peopie en reqiced by the ciniooriny ney Lesreore hola tices tora period of yart eee ee sion oe senoed win geoond apcitiod inthe tore fies, fhe Asch Sette of-tnue public serrate Copae eet 38 the covntey is ar mary ‘etettory of migeria. such an extension 7! by the tational assembly i 4 4 Jy, She@@ding six montns at a at involves the physica t. by the nattonad assenbl; i \ weten tine,Ho Poe fraetaent fs clecten along side with the vice alBeeniaent wna takes over the affairs or 2ffc° of the president y ! when ne dies, ropign of 2 cenaved. wen tne oFfic0 of tne | 1 is given ene Vice president beconen vacant, tne Presiden | panee to appoint anoener person ax Vice pse5iSer™ aut subject \ to the approval of two Houses of the wational assembly. when 1g there is 00 OubGet | | | the Presicent's office is vacant an s the president within president, the senate President ache @ eee uring vhien evection e2 &e FFE ‘a duration of Enree sonth: of the Presicent must be neld- ihe Présjaany ond the, Gavernae of the VAFIONE seates af given tne: power to appoint mesbers of ENS cil ‘aust be approved by ene Senate 2F gut such appoinements ones varigus states assemblies, The wen gone qualifications as persons sno are joces 2f the execvtive © fare sequired to nald e@[Link] the National assembly- finere a mem enber of the executive joer of any jegisiative body has been appointed 28 2 9 resign from that legislative : eouncit ther, he 1s required t body it and ee not required to ¢ the Natgonal and state tthe members of the executive as | | assemblies. How teen aa the president and the Governors may appeny before 2°Y sD the rocognined Legisistive bodies to address, it, either I ant policy matters. This 1 \ Nagoived to bo [Link] a wacker pertaining t9 ches HINAlY Se omen Gincussed. But they 49 nat Nave any Fight EP VOEE 2% | articipate in ene debate conducted at tne fiaer of the House | singly oF Saénely upon impo | ‘by ehe elected members. ‘ge appointed ministers and commissioners constitute 5 and are } members of the Federal’ and states executive coune geizee to advice the Presient and”ene Governors fram cine h te eine on\tha discharge of ener functions. The President ‘executive council as well ap tne Vice Preaigent on policy pattern, the corardination of tne works of all minist lana pon the formulation of tne doncatic and foreign policy of the count | Ye | Oem ee to nold conguitation witn the menbers of the |. t a | i | \\ ‘ the ministers are answerable to the the Commissioners are answerable to the various state Govern: ney can continue 9 be in office 89 Zong as they eproand. the confidence of tne presicent, the President and the vice president. Just Like President may be renoved fram office only on grounds of the violation of the constitution as well, as gross misconduct. : ‘The constitution requires that Ao decision of the National assenbly or its compittee in respect of impeachment, shall be call in question. This means the powers of judicial Feview of the court 4s removed, upon the decision of tne [National assembly on any of its appointed committee concerning ‘the removal of the definea categories of public office nolders tuhger the constitution, : Sep’ BALARAZE MUSA V SPEAKER KADUNA STADE HOUSE OF ASSENOLY Cupra) a8 8. 229 0 230, i “abeelbe V Spator sees Se dos, | There dseontraversy a8 to when a proceeding ‘of @ Hause for impeachment can be said to nave commenced. This conte versy has been settled in the above case. ‘Tne executive paver assigned to tne President may’ be ‘sidered under une below headings! (2) General Powers: Legislative powers, (2) appointment power (6)_erey Pavers (3) porei fit Pover (7) rnmunity. (4) defence power (5) emergency Powers GENERAL eoweRs The exedutive paver assign to the Presigent here extends 'ing the constitution, Ie seang "ehae ene exceutive arm of gavernrent ie bound to inplenent the constitution and ensure that the the provisions edhstitution as well as ies auenoriey is maintained ang aUzyed by all organs concern, It 19 in-respect 2f tne goneved powers that dn sone nations, the President nad core to suspend ene constitution, take over ali powers An thet mands, ‘der to protect the intergrity and accurity 2f tneie Flows feow the oath of office respective nations. This po taken by the President to’ defend and protect the constitution. Ie ds very hard eo cetermine with precision the scope of thie executive paver. This paver depends on the needs ana clecumstances 2° situation in a given cauntey.| 5 ‘HE executive: powcr alsa extends to tne exceution of All meKE: By the leyislature and any other power the law makers have confer date "ed on the executive arm that will be Sonsidered a5 part of ite exccutive funetion. he executive power also extends to all matters in Sespcct of which the legislature is-competent to make laws. h4s dacs not mean the executive can make laws in respect of Hnese matters. Tt means that the executive arm 4s competent to exercised executive powers in respect t those matters which the Legislature is competent to make laws. And that tne executive need the avtharity of law for its executive actions only when such en executi snatv @ action affects the rights of tne duals or is contrary to any atner pi Wher eg lio ofbent Ie sive eowers 2 tin ey ack Coteus although the Preaivent, tne Gaverasrs and mencers of tne executive are not required to participate in legislative ” pracens oF tne Wational and state Assemblies, any Bill pess by the legislative Houses at both levels requires the agsent Df the Presicent and the Governors to become the Law. The eSIst President is required to give his assent £9 any aill passed by the Nationa] Assembly within 30-daye. where ne vefuscs, ha ails or ignove or withholds his agsent the National assembly an pass Sane bill ints Law,using the two - thied majority of the two Houses an the aBsent of the President will be dispense with, Under the United states constitution If the bill ts ast feturned within 10 days, it authomatically becomes Law. The President is authorised to sent messages o draft bills to the National assembly, but they are not Douad pass such bills into law. This oife par}ianentary ‘5 significantly from the ctice wnere the draft, bills that comes from government ministries and departments takes precedent on che floor of pariianent, ‘The President and Governors are alsa requizee to submie > the legislative Houses che annual estimate of expenditure and revenue, For the-cffective execution of Gov: projects and p¥agrames the leaislative boaters. coment - depend on tne budget approved: by MDAppOINDWeNT POWER abponinsee toe ‘the appointrent power given by the 1999 constitution £9 : include, the appoin= ..: tne president is so extensive. the power tment 2f Judges af courts of superior records Like tne Suprene Court, Court ‘of Appeal, sharia Court of Appeal and Federal High Court. He can also appoint ambassadors as well as sonore 9 o1gmae, aed mont other ‘corps, ministers as well as chairman df Federal cxceutive avards and parastals. Same of these appointncats aro subject to cdafirmation by the senate. he lis required to be acvice by ene Federal Judicial council 4An aking appointment cancevaing Justices of the supteme Colrts, uct 2€ Appeal ote. He is conferves with tne power t2 appaint enbiencn ang incnbers of various federal Commissions. appointnent of permanent secretaries, secret: of 2f Gavernsent Federation are also made by the President. ‘The President Ls 9) ven tne power to appoint and remave the service eniefs, Dut subject to a segulation sede by the ew of the National assepbly. Though the paver of the president fn making all tne sppointeent ta alvted by confiemation fede the Howse af senate, ne may ancrt ist of Anflvence over sun apoinenent of tne various categories of the public officers, through nis power to appoint the executives tn the respective brcica. Power Fonezon PouaR ‘the President of the Federal: Republic of wigesia 1g garded as the Head of state and Commander in enter < ay of the Virtue of tnis position, he ts ene nead of 11 international affairs, He is eegarded es the ke wan on atten of external relation between ik are otner countries wnile dealing vi Ddobalt of the country, sie sp: seria, Ath forelgn nations an he comes > formulate “ina 2 foreign potiey en mist be Sn Une win the facelgn policy ation ina te countey an ita oun An chapter if or tne eee ‘congtitution, fticult eo extricate tesels, 3" POMEE when combined vith the defence "an and aoseatic palicy sf Adadersnip far tne county, eae. powerful in determining tne nation well 8 provige ao? provide ae7 i 79 enable him persa, RS appoints ambassadors ‘chat com eously in wind FM Well in international affairs, ond representatives, who are persons mends nis confidence. this crap af persons cantinu- Bs¥et ‘thd President’ on mattars, [Link] ations Sh they are made ‘representatives. his foreign office and contracts with BE made by the when veauced a we enters ints negot. all otner countries The President through \ ona and agreenents | ‘ALL commitments chat sident in negotiation with foreign nations ten foem, becomes a treaty. But a treaty & force 2 law in Nigeria onty,ynere it han been FAghtly passed into law by the acional assembly (sce section $19 dove | 32 [Link]). | Se ale ABACHA VS FAWEHINAT (2000) FWLR (PE 4) 533. acquire To this case,part of the issue for determination was wether a treaty incorporated int the law of Wigeria, have 2 status higher! than, and supersor to, other municipal Lat The Suprene Court nelé that an international treaty £9 wnden Nigeria is signatory, does not ipsa facts become 0 av enforceable as such in nigeria. Sucn 9 treaty would nave | the force of lay and tneressre juntietable only if sane has been enacted into law'by the Natsonal sanenbly. ii (see Per ogunduse, 3.80 oP. G- PP. ses). | See also Hlags and anor V. Minister of tletional security ane ! Of8. the Tints of december 22, 1999. In the above case, it was hele that "tn the law 9f England and Bahamas, the right to i ener unts teeaticn vas one 2 tne, “auevsving {| reragative pacrs of the crows treaties | foured no past of daneatic Law Unless enacted | by the legislature". i Prom the above, it in manifest that no matter now beneficial an international treaty may be to a country o¥ ite puch a treaty renains unenforceable, cheteenry, KE LE ip not enacted into tne Law of the country by the \ NetSonnl assembly. (see statenent Per EJuwm! J.5.c. P.653 para, ¢ of Abacha Va Fanehiami) There ere however, certain treaties and agreenents wnase | Implenentatian, does not require tiie approval or support of i ‘the National assembly. Such treaties can be executed without tthe eequlaite approval of tne Wational Assembly. But 2 treaty, ance enacted ints ax, acquires a higher statos over other Gomestic laws except the conatitetion. (Loekt 612 - 613%., 3 8 } : DEFENCE POWER 5: 347 fe | Reale, enat tne cefence of" the torritbrial integrity be nigeria is important, the constitution nas provided for ~~ the establishment and composition of the armed forces of the federation, 1> tnis effect, {¢ is stipulated that eheve shall bo an armed farees for the federation, whicn shall consist, {| af the Army, @ Navy and the air Poree (see section 217 CRW 1999), | The armed forces is required to be equipdand maintained bor tne pursose ‘ f defending uigeria fron external aggression; ahintatning ene countey's territorial sntegeity and asco sks sovaers team violation on iond, ale oF seas Ze 4s 189 f aquired to be used in suppressing any insurrection and to aid the civil authorities in restoring law and order when called upon to do so by the prt went. The armed forces ve also j expected 9 perform such acaitionsl funetionvas may be assigned. | \ to enen fron eine to tine by an Act of ene National assembly ) \(see section 217 (2) (a) - (a) ceAW 1999). ranks bf af the federation is requized to be An such 5 manner a9 to reflect tne federal character of nigeria. (see section 217 (3) CPRN 1999). The rationale for this type | 1 £5 prevunt the concentration of che defence powee f she country in the nencs of 9 section of the countey 1 35 particular ethnic group, which may tend e9,use Enis poser ‘The composition of the officer corps and otne: the ares fore Df provision for a sectional or group interest, ratner thanfSt sme fevers ‘Hones expos lence has shown cecently in Rand. ‘the veosident Sn confer ses uitn power of the carsande: of une federation, jie 4 tneve- Gotcreine tne apersesonal ed foeeen 2f the country (Soe section 238 (1) CFA 1999), tne panei 3f command and >t enief of tne sree Forces fore tne only person who can rational use confezred 2n prealeenty ails fnelude the paver to appoint such service eniefs Like, the chief of Army Staff, chief of naval staFe, \ ene enter of ai Staff and sucn meade of any 2) “en nead ee branches af the arred Ferces. This may" “pointmante 1ike enat of tne. Goneral 2fficers commanding the various milieany u ‘tne operational, uae of thd arpy oF. tne vole of the commander in-cnief af tne Armed Farees 2f tne Federation + Be exezeines by ene Pree: PEE an yap done by Pe £ Wfecabarah de of te oemud Fis, 5, ayy: 4 | hsclvelt of united states or saddam Hu A sigent to any acer ih: conditions as ne ssein di coe St may be delegated by the Pre: ‘the armed forces of the country, upon su may deem fit, (Sce aection 216 (3) CARH 7999)- asbigned supervisory ‘The National assembly is howeve: a the President {che defence powe: This supervisory powey trol of members of | conferred 9 is epnfined £9 oles in respect 2: by the constitution, Jeion and displinary €2n! appointment , ‘pe9not tne armed forces only. (4) CPRW 1999+ (see section 218 emencency powers. 2° dg in contemplation, ‘gne constitution of Nigeria also h 1 beak down of law and | those-aitvations, where there is a 988: public. oréer,anc anarchy becones the order 2f $Re 804+ seasons may be responsible fF ciety. Te may be as 9 result of pol ees, nat jeriiness in such diss! tkeal conflicts 2° | a} calamity i Many ‘ene 52 ous intolerance, trade union éispul situations, the constitueson nas 1sid eign of a state of emergency. | i eel ro deal witn this ene deck down a procedure £95 tn eaten ta nave vxtfectared were | in an official elon of a state i. Stace of emergency ene president by an instrument pualisned ‘tne fedeeaion, Issues a proclens! gazette of any part tnereot. SE enecgency An the counkey (soe sect see ala> adegbonre V8 A. by ne Feaetation (Supe). | iy, opan tne publten: | on 305 (2) CPR 1999)- copies of the ‘thon of tne State of em sans piticial Gazette of tne federats ap weil as the details 2f the eneracney t> tt the senate and the speaker of the House of Representa HEED sasee anders, er re slaeive nouses whicn eney 4 i eankaining he orastangs i tives. | 1d fovenes convene nceting of tne tro eg consider the sizvaripn and decide weth noe t> pass @ renoiution appsovsi ect Son 305 (2), CFRH 1999). ovision,it 1¢ clear that a state of wstherawn, elanation. 4 the (see eam ene absve pr Gnezgency deciazed by the Pecsident may stane If, iz 1a nat approves by a solution of the two Hovaes the Hattonad. pasenely. ‘the emergency pavers confesres by tne 1999 constitution wmere the £9320«%5 ‘0 the Preniaent can aly be exercised conditions exasty10 ; nen tne federation 1s at war, 26 is facing t danger 2f invasion or is involve , f wary or where there is actual break down of public order aid, public safety in the a ar any part E> sucn an extent that extra-ordinary * an dnminent ina state 2! schoratio whe restoration af peace and seeurltys, of an actual cepsures are required f where there 48 a clear and present da} or where there 1s a clear ad present da sbecak dowa 9f public order and public safety in the country oF apy part thereof, when requires extya-ordinary measures £2 avert such danger (see section 305 (3) (a).- (6) CRY 1999). re way also be declared If there 1s an occurrence 2 impinent danger, of the occurrence of any disaster or natural calamity, whicn affects a community or a section of the community in the federation, also where chere 1s any. ‘public dangi wnieh clearly constitutes a threat to tne existence’ of the” feceration, (section 305 (2) and (£) crmN 1999). Fusthemsaze, 2 state of emergency may be declazad, in the Seountry, wi a Governor af 8 state had requested tne Bpesident fo, such a proclamation, whien oust be sanctioned by a zesalution of two - eniras majority of tne members of lle House of Assembly. such a situation wi fanting auch 6 pepelanae: 9 of a State of emergency snovia nat neve a sf effect beyond tne boundaries of tnat state. stsgetion 305 (4) cran 1999). ita The President shall not on nis valition ceclare 2 state 2f eyergency under section 305 (4) CFR 1999, unless,tne Governor of the affectea state nas failed witnin a reasonable ine > rmoke 9 request t9 tne presicent to 4 7 a issue such a piaclanation, | provision 4s incensed > Lake cave of those situation | snere 2 Governor of a given state nas refused, negiected of ignated tp request tne Prenivent to declare a stat emergency te nis state, even though condi " : etons warranting auch aration exist abundantly in tne acat | | | | i aration of a state of eaezgency by tne presiaent, ° the President himself by an inderunene publisnes in tne s€Fictal Gazette of tne Gaver é federation, (see sect aes on 305 (6) (a) CERN 1999), festa tne federation ar any part thereat and is'eéoroved ona sanenbly within to days after enf pracienstion, | nin 10 days wnere tne Hat es jational aaterbly 4s noe However, efter tne publicacion 2f the state oft\ n 5 emergency, théve is no resslution supported by two-enizds majority of all member: 8 of the two legislative Hsuses of the National assembly Lt is constacred vevoked. + (see section 305 (6) (b) CPRN 1999). Thirdly, a state of em segency may be considered elapsed, after it tias been inforce for 9 period of Six months. and it is not cktended by the National assendly. A period of emergency may be extended by the National assembly ‘rom time-to-time, but the curation of the extension from any 4s not required to be more than six months. section 305 (6) (c) crRN 1999). inslly after several extension by cach of tne House of che National Assembly, a state of emergency may be declared | evokes by A vesolution of a simple majority 2f all tne wembers gf each House. (See section 305 (6) (a) crRY 2999). In wigeith, ene cnergency savers contained in he \ conatitution hes beh Lnvaked by the Brasident: in western \ Region of Nigeria in tne first Republic wnen ir became glaring thst there was complete break down of law and order as well. as public safety. (sce ndegbenre vs FED. eet okt Gena eRe trou A State oF emergency wes declared by tne Federal Mi Qoverament of Nigeria, ‘after there’ was fairlure to resolve the y;uge! conflict betneen tne military Governor of the Eastern Region Lts Cols Oceimeguu Ojukuu and the then Head of state General rete Yakubu Gawor. The proclamation of a state of emergency by the Foote Head 2f state in that Region, was also the last strew that Bee brake the camel's back, leading t> the sparkeoff of the econ = . eed Nigerian ctvil war in 1967. a mercy eowens SIS” pr Nee Sauget ‘thee n/a popuiae stage that > « 4 covine, Theze are 8 nurber of 5 human to forgive “Pe Aeuations where a person nes i gonmitted some criminal offences, fed and convicted by tne \ ogative 2€ mercy powers ] bE the crown be exercised in the favour of the canvicts duc > the civeumstense of che cascs. Sce DUDLEY @ stepHaW VSR (1864) 14 qaaBe courts, but recomended for the p i273. In this case two snip wreaked ssilors, 7 smo sougnt to Justify tne kéL1ing endeating of 8 cabin boy on fhe ground that nag, tgey not®Z"s9, eney would have been perisnea, were eetedjGoavscted Mt recommended for mercy 2f tne | otek cites enone eet et an (eg aertee te ne ee rene tne } Se ie seal ae nn12 ive from tne prerogative © The idea of mercy powers is dev: Df mercy which was assigned to tne crown to/exereséca at! ite discretion from time to time in respect of persong ted in respect of certain offences that were mitted under excr-ordinary circumstance or such circun- {seances es that invited pity and sympathy af tne poblie and? ‘enand f5F @ pardon for suena convict, ransplanted int many Thereafter, tnis idea decane Revolutionary constitutions of continencal europe and later the 2979 constitution an countries, Under independent afr a, the prerogative power of mercy was assigned b> be uty tne President in section 161 2f tndbconstitution, wnile that of the Governors of tne state was contained in section 192 > the same constitution. het tebes c These provisions nave Been copied whole ~ Bog ints the 1999 constitution. under tne present, constitution, ene President is conferrec with tne discretion to grant to any person concerned convicted 2f any affence created by an Act of the ree terms oF subject with/ou national assembly, a pardon, either on certain conditions as may be laid down by Lave ‘one power conte: a respect of @ law. [sec section 175 (1) (a) CRW 1999). * ine presiaent nere may be exercised Invigated by Ene National assembly but not in respect >F onvictions under laws passed by the state Assemblies. & siden may grant pardon to a person who is concern fine ulith aay offence, The exprension, "concern with" creats a problem az t how the Preaiaent is going to decide wetner.a . The issue person is concern with the commission of an offer as to wetner a person 18 "concern with" any offence can be ived at after an investigation has been duely carried out by that there is the Law enforcement agents who can establish a geasonable suspicion that ‘a individual 13 connected with an alleged offence 2f trae, In United stetes of America, tne on granted t3 President Richard Nixon illustrates that i pa merey powers may be granted ‘even in gencrai form without peeson ‘nad committed \pentioning spect tic offences wnsen nile ia public office. jers were exercised by tne In wigerta,, tne mercy. pow! president in favour of Ofukwu and Yakubu Gawan. Even though Gawon had continuously maintained phat nis was nat 6 pardonB ./ butLifting of @ bani No matter what he considers tne act of the President towards him to be, nis freedom was given und ‘Tne exer: Sa‘brpeeojetiiva poirot mercy ibaa ast tbs as he was before the allegation,in tne eye of the law; éven~ tnougnttfnacence may nat be extabltaned in ene eyes of ene publics tne exarcing of ents power grants tne ntuntty fron Goole Jeapardy to the pardoned - sbid- under the exercise of that power tne President has tne power to grant respite to any person either Gcfinitely 2° for @ specisied period for the execution of any punishment imposed on that person. fo: such an offence, (see section 175 (1) (i) CFRN 1999) _ane President has the power to substitute a lesa severe form 5£ punishment for any punishment imposcd on that person £5: puch an offence; oF tamit the wnole oF any part of any punish- ent imposed on the convict for such an offence. ay this Ene President can eizect that a person shoulasgiven 0 different penalty or only suffer 2 facfetture, to tne state on account of auch an sffence for nich he nas been found Liable (ee seetian 175 (1) (€) and (a) crRY 1999). ‘tne president 4s required to exercised this power aft consulting of acting on the acvice of tne (see section 175 (3) CFRE 1999). 2 state, ogative poner of merey of the state is conferred By that provision he Govern: 5 have the discretion to pardon any person coheerned with oF convicted af any offence fed by any lew of the state, ay this, it means, if it 2 law 3f e Wational Assembly that hae created an offence, the prerogative. of merey 2f tne Governors can nat be exercised tn sewpect of tno: convicted 9x concern with such an offence, ep keep 48 Line with, ‘nis approaen the principle of vertical neperation of powors. seside, the pi -agative of mercy 9f the freely 22 based an the Laid coun under @ given law of the State Assembly (gee section 212 (1)' (a) cea 1999). Gavernsr may Ge excised ottn conditions The Governor alas hee the power under ene prerogative y,€2 grant respite elener indefinively o¥ fora specified period of tne execution of any punishment imposed on a