ABSTRACT<\/p>\n
Constitutional power, being 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, and without a clear frontier as in section 5(1)(b), the tendency is that such powers will be misused. Power, it is said, \u201ctends to corrupt; absolute power corrupts absolutely\u201d1. It is in the light of the foregoing that this thesis examines the gamut of the powers vested in the President, particularly as exercised since the coming into being of the 1999 Constitution.<\/p>\n
<\/p>\n
TABLE OF CONTENTS
\nPAGES<\/p>\n
TITLE PAGE DECLARATION CERTIFICATION DEDICATION ACKNOWLEDGEMENTS TABLE OF CONTENTS ABSTRACT
\nTABLE OF STATUTES TABLE OF CASES<\/p>\n
CHAPTER ONE: GENERAL INTRODUCTION<\/p>\n
INTRODUCTION<\/p>\n
STATEMENT OF THE PROBLEM<\/p>\n
OBJECTIVES OF THE RESEARCH<\/p>\n
JUSTIFICATION<\/p>\n
RESEARCH METHODOLOGY<\/p>\n
SCOPE\/LIMITATION<\/p>\n
LITERATURE REVIEW<\/p>\n
ORGANISATIONAL LAYOUT<\/p>\n
CHAPTER TWO<\/p>\n
THE CONCEPT OF POLITICAL POWER 19
\nNormative View of Power 21
\nPost-Modern View of Power 21
\nPragmatic View of Power 22
\nThe Crux of Political Power 22
\nTHE NATURE OF PRESIDENTIAL POWERS 23
\nOrigin of Executive Presidency 23
\nThe nature of executive power exercisable by the President 24
\nThe Specific Grant Theory 25
\nThe Residual Power Theory 27
\nThe Inherent Power Theory 29
\nPower and Prospect of Arbitrariness: Checks and Balances 32
\nGENESIS OF THE EXECUTIVE PRESIDENCY IN THE 1999 CONSTITUTION 34
\nHistory of Executive Powers of the President 35
\nBASIC FEATURES OF THE 1999 NIGERIAN
\nCONSTITUTION 39
\nBasic Features of the Constitution 40
\nIt is Presidential in Nature 40
\nIts Supremacy 41
\nIts Written and Rigid Nature 42
\nIts Republican Nature 43
\nIts Federal Nature 44
\nSeparation of Powers 45
\nRule of Law and Basic Rights 46
\nCHAPTER THREE
\nA CRITICAL ANALYSIS OF PRESIDENTIAL POWERS
\nUNDER THE 1999 NIGERIAN CONSTITUTION 48
\nPOWER TO EXECUTE AND MAINTAIN THE
\nCONSTITUTION 48
\nSECURITY POWERS 53
\nPOWER TO APPOINT AND REMOVE FROM OFFICE 55
\nMinisters and Special Advisers 55
\nPower to Appoint Federal Attorney-General 57
\nCivil Service of the Federation 60
\nPower Over Commissions and Councils 61
\nJudicial Appointments 64
\nPOWER OVER PUBLIC REVENUE 65
\nPREROGATIVE OF MERCY 65
\nEMERGENCY POWERS 67
\nPOWER OVER EXISTING LAWS 70<\/p>\n
CHAPTER FOUR<\/p>\n
A CRITIQUE OF THE EXERCISE OF EXECUTIVE POWERS IN THE 1999 CONSTITUTION<\/p>\n
Power to act within the Ambit of the Constitution<\/p>\n
Maintenance of Public Safety and Order<\/p>\n
Power to Appoint and Remove from Office<\/p>\n
Command and Operational use of the Armed Forces<\/p>\n
Emergency Powers<\/p>\n
Rule Making Power And The Separation Of Powers<\/p>\n
4.6.1 Implications of Presidential Power under sections 58 and 315 of the Constitution<\/p>\n
CHAPTER FIVE<\/p>\n
SUMMARY
\nPowers of the President
\nOBSERVATIONS
\nRECOMMENDATIONS
\nRedefine the power of the President under section 5(1)(b)
\nDecentralise the Police Force
\nStrengthen National Defence Council
\nPresident should obtain concurrence before exercising emergency powers
\nDivest the President of Power to make rules
\nCONCLUSION<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
ABSTRACT Constitutional power, being 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 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[2],"tags":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/posts\/9879"}],"collection":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/comments?post=9879"}],"version-history":[{"count":0,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/posts\/9879\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/media?parent=9879"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/categories?post=9879"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/tags?post=9879"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}