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