A Critical Analysis of Presidential Powers Under the 1999 Nigerian Constitution

ABSTRACT

Constitutional power, the power fashioned out through the sovereign free will of the people, is basically meant to regulate the conduct of both the government and the governed. It is central to politics. The 1999 Nigerian Constitution vests executive powers in the President, who is the Chief Executive. Similarly, the 1999 Constitution confers on the President the power to assent to bills and modify existing laws. Even though there is provision for delegation of powers, such delegates act only for and on behalf of the President; hence such acts are acts of the President. In a country like Nigeria, whose history, especially as regards executive Presidency, dates back only to 1979, it is obviously difficult to attempt to imbibe the political model of the United States of America, whose executive Presidency is centuries old, without obstacles. When such powers as are conferred by sections 5, 58 and 315, as well as other specifically granted powers in the Constitution, are vested in one man called the President, without effective checks and balances. Without a clear frontier, as in section 5(1)(b), the tendency is that such powers will be misused. Power, it is said, “tends to corrupt; absolute power corrupts absolutely”. In light of the foregoing, this thesis examines the gamut of the powers vested in the President, particularly as exercised since the coming into being of the 1999 Constitution.

References

1. Akande, J.O.: Introduction to the Constitution of the Federal Republic of Nigeria, 1999, MIJ Professional Publishers, Lagos.

2. Arendt, H: On Violence (1970) Mac Milan Publishers, London.

3. Aturu, B.: Emergency Rule in Ekiti as the 1999 Constitution holds: law.global@nyu.edu

4. Blacks Law Dictionary, English Edition (2004); Thomson West.

5. Burns, A: The Possibilities of the Presidential System in Developing Countries, (1969) Parliament as an Export, ed.

6. Compers, S.: Men of Labor: Be Up and Doing – American Federalist, May 1906.

7. Crabbe, V.C.R.A.C.: The Doctrine of Separation of Powers and the Persuasive to Interpretation of Legislation (2000), NIALS, Lagos.

8. Dahl, R.A.: Who really Rules in Dahl’s New Haven (1961) Yale University Press.

9. Foucault, M.: Discipline and Punishment: Strategy Formulation: Political Concepts; (1978), St. Paul, MN, West Publishing.

10. Glendhil, A.: Pakistan: The Development of its Laws and Constitution (1967) 2nd ed.

11. Killian & Belk: The Constitution of the United States of America: Analysis and Interpretation.

12. Locke, J.: Two Treatises of Government (Morley, ed.) Bk. 11, Ch 14. Ch. 14

13. Malemi, E: The Nigerian Constitutional Law, (2010), Princeton Publishing Co. Lagos.

A Critical Analysis of Presidential Powers Under the 1999 Nigerian Constitution

A Study of Customary...

ABSTRACT This study is aimed at studying the customary land...

Determining the Proper Law...

ABSTRACT Where a dispute arises from the breach of a...

The Criminal Liability of...

ABSTRACT This is an attempt to look at the corporation's...

A Critical Appraisal of...

A critical appraisal of uniform, personal income tax system...

An Assessment of the...

ABSTRACT In its 50-year history as an independent nation, Nigeria...

Search and Seizure in...

Search and seizure in Nigerian law with particular reference...

A Study of Customary Land Law and Tenure Practices of Six Communities of the Lower Benue River Valley of Nigeria

ABSTRACT This study is aimed at studying the customary land laws and tenurial practices of the communities of the Nigerian Lower Benue River valley. These...

Determining the Proper Law of Contract Under Private International Law

ABSTRACT Where a dispute arises from the breach of a term or terms of a contract between 'A' a Nigerian, and 'B' an Italian, the...

The Criminal Liability of Corporations

ABSTRACT This is an attempt to look at the corporation's liability for its own acts and those of Its organs or agents and servants. The...

A Critical Appraisal of Uniform Personal Income Tax System Within the Context of Nigerian Federalism

A critical appraisal of uniform, personal income tax system within the context of Nigerian federalism. Download this dissertation in PDF for Free.

An Assessment of the Legal and Institutional Framework for the Prevention and Mitigation of Ethno-Religious Conflicts in Nigeria

ABSTRACT In its 50-year history as an independent nation, Nigeria has experienced over two hundred recorded violent ethno-religious disturbances. The first major ethno-religious disturbance exploded...

Search and Seizure in Nigerian Law With Particular Reference to the Northern States

Search and seizure in Nigerian law with particular reference to the Northern States.

An Appraisal of the Role of ECOWAS Court of Justice in the Protection of Human Rights Under the ECOWAS Treaty

ABSTRACT This study examined the role of the ECOWAS Community Court of Justice (ECCJ) in the protection of human rights in the West African sub-region,...

The Imperatives of International Criminal Tribunals and International Criminal Court on Crime of Genocide

ABSTRACT The idea of a strong standing tribunal to try serious violations of international law has been around since the end of World War II....

An Analysis of the Concept of Negotiation and Arbitration as Methods of Alternative Dispute Resolution in International Law

ABSTRACT Disputes or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, inter-reaction and relationships. This can occur at...