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.