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Presidential Powers Under The 1999 Constitution Of The Federal Republic Of Nigeria (As Amended)

Presidential Powers Under The 1999 Constitution Of The Federal Republic Of Nigeria (As Amended): A Comparative Analysis




Professor D. K. Derri*, P. J. Fawei Esq**, & Ms. Josephine Nkeonye Egemonu***


ABSTRACT


Executive powers in a presidential system of government are usually vested in a corporate sole called the president. This is a practice of constitutional law that has gained global acceptance. Nigeria is part of this global practice. In Nigeria, the vesting of executive powers in the president is enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended). This paper analytically compares this practice in Nigeria with other independent States practicing presidential system of government. It is found that the heavy concentration of so much powers on a single person may be too much for a bad president who may be mischievous, while a good president may not need such powers for the advancement of the nation. It is also found that the Nigerian State like most of its African counterparts, while attempting to avoid dictatorship has rather created a subtle imperial presidential system of government. This paper shall dwell analytically with the constitutions of political States that operate the presidential system of government on a comparative basis in order to appreciate the powers of the president under the 1999 Constitution of the Federal Republic of Nigeria (as amended). On the basis of the analysis and findings, recommendations and conclusions are made.



*Ph.D, FCARB Professor of law, Niger Delta University, Yenagoa, Bayelsa State, Nigeria. Email: chiefderri@gmail.com.

** LL.M, ACIArb., a Doctoral research candidate at the Faculty of Law, University of Benin, Edo State, Nigeria. Email: perejames2012@gmail.com.

*** LL.M. ACIArb. Senior Lecturer, Nigerian Law School, Yenagoa Campus, Bayelsa State, Nigeria. Email: ellaegemonu@gmail.com

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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