Institutions of Government in Nigeria
Introduction
These series of articles are centered on the institutions of government in Nigeria viz: the Executive, Legislature and Judiciary. The present article is however devoted to a consideration of the Executive as an institution of government. Nigeria practices the American Presidential System of government. At independence, however, Nigeria practiced the British system known as Parliamentary System.
The Executive in Nigeria
The Executive arm in Nigeria is divided into two;
1. The Federal Executive and
2. State Executive.
This is owing to the fact that the Nigerian state is a Federal one which recognizes at least two levels of government deriving their powers directly from the constitution.
The Federal Executive
The Federal Executive in Nigeria is made up of the President who is the Head of State, Chief Executive of the Federation and Commander-in- chief of the Armed Forces, the Vice President and the Council of Ministers. The President is the Head of the Executive in Nigeria. At present, Alhaji Umar Musa Yaradua is the President and the aed of the Executive. He is assisted by the Vice President. Dr. Goodluck Jonathan is the Vice President who is now acting as the Acting President as the President is currently receiving treatment.
The Executive in Nigeria is unicephalous. This is because Nigeria practices the Presidential system where the President is an executive president. There is no provision for the office of the Prime Minister, unlike in the Parliamentary System
Qualification into the Office of the President
Among other things, a candidate for election into the office of the President must be a citizen of Nigeria by birth and must have attained the age of 40. Such a person must have been educated up to at least the School Certificate level or its equivalent and must be a member of a political party. For the purpose of Presidential election, the whole nation is regarded as one constituency. A candidate can only be declared the winner of the Presidential election if such a candidate has the highest number of votes cast during the election and also has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states of the Federation and the Federal Capital Territory, Abuja. The elected President chooses a Vice who runs together with the President in the election from the party they represent. To work in accordance with the provision of the constitution which requires ‘federal character’, the President appoints at least one minister from each state of the Federation. The Senate ratifies nominations for ministerial appointments. The President or the Vice President ceases to hold office if impeached by the National Assembly. The President has what is referred to as prerogative of mercy to grant state pardon to persons convicted by a law court. This the President does on the advice of the Council of State.
On the occasion of the death of the President elect before swearing in or the inability of the President elect to be sworn in, the Vice President is sworn in. But in the absence of the Vice too, fresh elections are conducted to fill the posts.
State Executive
The executive arm of each State of the Federation is headed by the State Governor. The Governor is the Chief Executive Officer of the state and carries out the affairs of the State while being assisted by the Deputy Governor and Commissioners who oversee different ministries.
A person is deemed qualified for election into the office of the Governor of a state if among other things, the candidate is a citizen by birth; has attained the age of 35 years; has been educated up to at least the School Certificate level or its equivalent and is sponsored by a political party of which the person is a member. A candidate is declared winner of the gubernatorial (governorship) election if the candidate has the highest number of votes cast at the election and also has not less than one-quarter of the total votes cast in at least two-thirds of the local government areas making up the state. For the purpose of a gubernatorial election, the whole state is considered as one constituency. The Governor elect chooses the Deputy Governor from among the party they represent. The Governor or the Deputy Governor ceases to hold office if impeached by the state House of Assembly. The Governor appoints Commissioners who head various ministries. Such appointments are subject to confirmation by the State House of Assembly. Such appointments must also be equitably distributed among the different interests and groups in the state.
On the occasion of the death of a Governor elect before swearing in or the inability of the Governor elect to be sworn in, the Deputy Governor is sworn in and will have to appoint a new Deputy subject to the approval of the House of Assembly of the State. In the absence or inability of the two, the National Electoral Commission will immediately conduct a fresh election to fill the posts.
Note that it is the National Electoral Commission that conducts gubernatorial elections while the State Electoral Commission conducts local government elections.
Functions of the Executive
The Executive arm of government performs the following functions.
1. The Executive maintains law and order in the country. This it does through its various armed forces, including the Police and the Army.
2. The Executive initiates and submits bills to the National Assembly for deliberation and consideration.
3. The Executive also performs quasi-legislative functions by exercising delegated power, issuing statutory orders, vetoing or giving assent to bills passed by the National Assembly.
4. The Executive prepares the annual budget, recruits civil servants, maintains discipline in the Civil Service and creates employment opportunities.
5. It provides social amenities to make live more meaningful for its citizens, just as it also enters into relations with foreign nations.
6. It formulates and implements policies that control the citizens and guide the overall administration of the State.
7. The Executive performs quasi-judicial functions through the power granted it in the constitution to grant amnesty to criminals or reduce the terms of jail handed a convicted person by the court. This is called Prerogative of Mercy.
Control of the Executive in Nigeria
Control of the Executive can be divided into legislative, judicial and administrative.
1. Legislative Control
i. One of the ways the Legislature does this is through its power to approve the Annual Budget. The Legislature uses this power to control the Executive. For instance, it may choose not to approve the budget or modify it such that the Executive will be frustrated and without the approval, no democratic government can implement its policies.
ii. The Legislature may also choose not to pass other bills sent to it by the Executive in which case the government is grounded as it becomes helpless.
iii. In Nigeria as it is the case in any Presidential System, the Executive President can be impeached by the Legislature on the ground of gross misconduct.
iv. The Legislature in a Presidential System has powers to ratify the appointments of ministers. They can approve of the list submitted to it by the President or disprove of it.
2. Judicial Control
i. The Judiciary has the constitutional power of declaring any action of the Executive arm illegal, unconstitutional, ultra-vires and of no effect in which case the policy or action is overruled.
ii. The Judiciary acts as arbiter in conflicts between the executive and individuals or corporate bodies. Its decisions on legal issues are final and binding.
3. Public or Administrative Control
i. The citizens also control the Executive. This they do by publicly condemning the government or its policies which they consider inimical, anti-masses or focuseless.
ii. In Extreme cases, people may resort to civil disobedience, rioting or demonstration. Such policies are therefore made subjects of international backlash or condemnation such that government is forced to rescind its decision on the matter.



