The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria.[1][2] Nigeria has had many constitutions. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic.[3]
The 1993 constitution established the Third Nigerian Republic. This constitution was supposed to return democratic rule to Nigeria but it was never fully implemented. The military controlled the country until 1999.[16][17]
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The 1999 constitution identifies the national capital, 36 states and their capitals, and 774 local government areas within Nigeria.[20][21][22][23] It establishes the legislative, executive, and judicial branches of government and details their duties and the separation of powers between the branches and federal and state governments.[24][2] Nigeria's legislative powers are vested in a National Assembly with two chambers: a Senate and a House of Representatives.[25] The constitution gives the National Assembly the power to make laws for "peace, order and good government of the Federation".
The constitution also protects four laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act.[2] In January 2011, President Goodluck Jonathan signed two amendments to the constitution, the first modifications since it came into use in 1999.[27]
Download The 1999 Constitution of the Federal Republic of Nigeria, as amended, free PDF copy for Desktop and Mobile. As an electronic PDF soft-copy, it will be delivered to you by email.
This article revisits the legitimacy question as it touches the Nigerian 1999 Constitution, bringing to the discourse a review and application of pertinent theoretical perspectives on constitution making and constitutional legitimacy. This theoretical and pragmatic approach introduces a refreshing angle to the debate, revealing the paucity of any attempt to ascribe any legitimacy claim to a constitution with a doubtful normative claim and fraudulent attribution of its source and legitimacy to the people. The author finds the consent basis of constitutional legitimacy as most attractive to a divided state like Nigeria, and concludes by advocating the adoption of a blend of the principles of the constituent assembly and post sovereign constitution-making models for the production of a new people-driven and inclusive constitution to meet the needs of the Nigerian people.
Every Nigerian has rights, duties, liabilities and privilegesentrenched under various existing laws. However, certain rights areconstitutionally guaranteed under Chapter IV of the 1999Constitution of the Federal Republic of Nigeria, these rights arereferred to as Inalienable rights.
The 1999 Constitution makes provisions for certainconstitutionally guaranteed rights under Chapter IV, however, theserights are subject to certain limitations. Hence, the FundamentalHuman rights entrenched in the Constitution are not absolute.
Goitom, Hanibal. Nigeria: Constitution Amended to Allow Independent Candidacy, Lower Age Requirement for Holding Elected Offices. 2018. Web Page. -legal-monitor/2018-06-11/nigeria-constitution-amended-to-allow-independent-candidacy-lower-age-requirement-for-holding-elected-offices/.
Goitom, H. (2018) Nigeria: Constitution Amended to Allow Independent Candidacy, Lower Age Requirement for Holding Elected Offices. [Web Page] Retrieved from the Library of Congress, -legal-monitor/2018-06-11/nigeria-constitution-amended-to-allow-independent-candidacy-lower-age-requirement-for-holding-elected-offices/.
Citation Information: Egemonu, J.N. (2022). Presidential powers under the constitution of the federal republic of Nigeria 1999: A comparative analysis. Journal of Legal, Ethical and Regulatory Issues, 25(6), 1-10.
However contested the theory of inherent presidential powers, the practice in the UnitedStates has been one of expansion of those powers. Depending on the provisions of a particularconstitution, the difference between the two approaches may not be much. It is now necessary toconsider the powers of the president under the 1999 Constitution of the Federal Republic ofNigeria.
The office of the President of the Federal Republic of Nigeria is a creation of theconstitution of Nigeria. The Constitution of Nigeria did not only create the office of the Presidentof the federation but also vests the executive powers of the federation in the person who shalloccupy the exalted office. The president as a person has also been granted constitutionaldiscretion on how the executive power vested in him may be exercised. Very apt in this regardare the provisions of section 5(1) of the 1999 Constitution thus:
In order to properly analyse the powers of the president under the 1999 Nigerianconstitution, this work shall divide the executive powers granted into the three basic elementscomprised in the above section (Aguda, 2000). These are:
As provided for in section 4 of the Nigerian 1999 constitution, the National Assemblywhich is vested with the legislative power of the federation is empowered to make laws on thespecific items listed in the exclusive legislative and concurrent legislative lists. Sequel on theabove, laws validly made by the National Assembly within the limits of its power under theconstitution are the predominant source of executive power, since there is hardly any law thatdoes not call for one kind of executive action or the other. Thus subject to other provisions of theconstitution, for example, the National Assembly is empowered to make laws in relation to theestablishment, equipment and maintenance of the Nigerian Police Force, and the armed forces ofthe federation. The two forces are under the authority of the president who is thereforeresponsible for making sure that the laws made by the National Assembly are executed inaccordance with the provisions of the constitution.
There is no doubt that the only reasonable construction that can be placed on the methodof grant of executive power under section 5(a) of the 1999 Constitution is that it goes beyondpowers expressly granted to the president in other provisions of the constitution, except wherethe power or authority is expressly prohibited by the constitution or a law made by the NationalAssembly by virtue of the exercise of its constitutional powers. This is because the constitutionor National Assembly cannot envisage all issues that may confront the president in his enormousduty of seeing to the day to day running of the business of the nation.
Having examined the powers of the president of Nigeria under the 1999 constitution ofNigeria above, which appears to have practically created an imperial president, this work shallnow turn to comparatively analyse other politically independent States practisingPresidentialism. The constitutional aspects to be compared both theoretically and practically withregards to the vesting and exercise of executive presidential powers include the vesting ofexecutive powers and delimitation of executive presidential powers.
Though as stated above, executive powers of the federation is vested in the president whois a single chief executive by virtue of section 5 of the 1999 constitution, this is to be read subjectto other provisions of the constitution, conferring some other forms of specific executive powerson executive bodies created by the constitution. This furnishes the earlier maintained positionthat the powers of the president, though said to be executive powers, they are by no meansabsolute. They are subject to the constitution and laws validly made under it.
Furthermore, the 1979 and 1999 Constitutions of Nigeria prescribed a code of conduct forpublic officers, including the president himself, and its implementation is vested in twoindependent bodies the Code of Conduct Bureau and Code of Conduct Tribunal. Two vital andsensitive functions election and census which should normally form part of the power of thepresident, are vested in executive bodies by the constitution the Independent National ElectoralCommission and the National Population Commission.
The presidential powers under the 1999 constitution of the Federal Republic of Nigeria,as earlier stated are too much for a bad individual in power as president, who may out of theexecutive powers so vested constitute himself into an executive tyrant. On the other vein, it maybe too much for a good individual as president to need for good governance.
From the totality of examinations of the executive powers of the president under the 1999constitution of the Federal Republic of Nigeria alongside other politically independent States,this work proffers the following recommendations:
Guided by Section 285 of the Sixth Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended)[1] and Section 130 of the Electoral Act 2022,[2] election tribunals are constituted in each state and at the national level to preside over pre-election disputes and the conduct of elections within Nigeria. Election tribunals must be constituted not later than 30 days before the day of the election.[3]
The constitution, being an organic document, must be responsive to challenges and emerging trends. Across the globe, constitutions are amended to respond to socio-economic, cultural and political changes. But the amendment process must include the mass participation of the people. It must be transparent, credible and rigorous to ensure that it is done in the interest of the people and not in the personal interest of the law makers.
It is my opinion that piecemeal amendments should be avoided. It is being done on the flawed presumption that the 1999 constitution is legitimate. Only a few elected people with many selected military government representatives drafted and enacted the constitution.
The legal implication of a verbal order or a written executive order is that, for it to have the force of law, it must be made pursuant to an existing law. The existing law must be an Act of the National Assembly, a Law of a State House of Assembly or any subsidiary legislation. Thus, a verbal order or a written executive order not in compliance with this constitutional requirement is ab initio invalid, and has no force of law to proscribe an act as offence and to prescribe punishment thereto. This position of the law is further encapsulated in Section 36(12) of the 1999 Constitution which provides that: e24fc04721
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