WHAT DO YOU KNOW ABOUT EXECUTIVE POWERS

EXECUTIVE POWERS

The executive is an important organ in the tripartite classification of powers. By Nigeria’s constitutional arrangement, the executive forms the second of the tripod of legislative, executive, and judicial power. It is evident that the government of any nation is seen in the picture of the executive. The relevant provisions of the Constitution epitomize the importance of this organ of government. Section 5 of the Constitution confers executive powers on the President and the Governor of a Stat. It provides thus: (EXECUTIVE POWERS)

(EXECUTIVE POWERS)
(EXECUTIVE POWERS)
  • Subject to the provisions of this Constitution, the executive powers of the Federation:
    • shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and
    • Shall extend to the execution and maintenance of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, the power to make laws. (EXECUTIVE POWERS)
  • Subject to the provisions of this Constitution, the executive powers of a State:
    • shall be vested in the Governor of that State and may, subject as aforesaid an to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and
    • shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws. (EXECUTIVE POWERS)
  • The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to:-
    • impede or prejudice the exercise of the executive powers of the Federation;
    • Shall extend to the execution and maintenance of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, the power to make laws. (EXECUTIVE POWERS)
  • Subject to the provisions of this Constitution, the executive powers of a State:
    • shall be vested in the Governor of that State and may, subject as aforesaid an to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and
    • shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.
  • The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to:-
    • impede or prejudice the exercise of the executive powers of the Federation;
    • Shall extend to the execution and maintenance of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, the power to make laws. (EXECUTIVE POWERS)
  • Subject to the provisions of this Constitution, the executive powers of a State:
    • shall be vested in the Governor of that State and may, subject as aforesaid an to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and
    • shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.
  • The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to:-
    • impede or prejudice the exercise of the executive powers of the Federation;
  • endanger any asset or investment of the Government of the Federation in that State, or
  • endanger the continuance of a Federal Government in Nigeria.

It can be deduced from the foregoing that only the President and a State Governor have the power to carry out executive functions of the Federal and State governments respectively and they may delegate those powers to the above-named officers as they deem fit and not to a member of the National or State House of Assembly or a member of the judicial arm of government. Executive powers of the President and State Governor in this sense includes the power to formulate policies and implement them, initiation of legislation, maintenance of law and order, the direction of foreign policy (in the case of the President) and enhancement of economic and social welfare. (EXECUTIVE POWERS)

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The Constitution confers on the executive the power to carry out functions which may seem exclusive to the legislature and the judiciary. The President of the Federal Republic of Nigeria is empowered under section 32 of the Constitution to make regulations concerning citizenship and immigration matters. Whereas section 32(2) requires the President to lay before the National Assembly such regulations, the promulgating authority here is the executive (that is, the president) and not the legislature. Again, the president or the governor as the case may be is empowered under section 175 and 212 respectively to pardon convicted persons or to exercise his prerogative of mercy[1]. Furthermore, sections 160 and 204 of the Constitution, allow certain executive bodies established under the Constitution to regulate their own procedure, confer powers and impose duties on any officer or authority, for the purpose of discharging its functions, provided the approval of the president or the governor is obtained beforehand. (EXECUTIVE POWERS)

 

 

 

 

 

[1] The pardon of Alameiseigha, former governor of Bayelsa State is explicit on this point

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