In recent times, a number of Nigerian Presidents and Governors on assuming office proceeded to govern for months without appointing Ministers or Commissioners. Many criticised this practice as a constitutional breach. The author, in this review of key constitutional provisions, makes his own contribution to the debate.
The powers of government are divided between the three arms, being the Legislative, Executive and Judicial arms of government. As we had learnt in government and politics class, the Legislature makes laws for the peace and well being of the people; the Executive implements those laws and the Judiciary interprets them.
Under this principle of separation of powers, Executive power to implement Laws at the federal level is vested in an elected President to wit Chapter 1, Part 2, Section 5(1) of the Constitution of the Federal Republic of Nigeria, 1999 says:
5(1) Subject to the provisions of this Constitution, the executive powers of the Federation:
(a) shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and
(b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.
By reason of the said section 5(1) of the Constitution, except where otherwise excluded by the Constitution, the Executive powers of the federation are vested in the President who may exercise those powers directly or by delegating those powers to his Vice president, Ministers or public servants to exercise.
In other words, the Vice president, Ministers and public servants as members of the executive arm of government are not directly vested with powers under the constitution but exercise their functions under constitutional powers arising from the office of the President.
The reason may be that it is the president who received the executive mandate from the people through the democratic process to govern them. In practical terms, it will appear that the constitutional role of the Vice President, Ministers and public servants is essentially to assist the President in the delivery good governance and dividends of democracy to the people.
Since Ministers are really helpers of the President, the author submits that it will not be unconstitutional for a President to govern without Ministers for any length of time though it will be foolhardy and unproductive to do so for long. Lending credence to the theory that Ministers are an offshoot of the office of the President is Section 147 which states:
“There shall be such offices of Ministers of the Government of the Federation as may be established by the President”
With the exception of the Minister of the Federal Capital Territory (Section 302), no other ministerial office is mentioned or created by the constitution, leaving the establishment of such offices solely at the whim of the President who may establish them at any time of his choosing, limit them to any number he chooses or do without them for any period of his choosing.
Reality of course demands that a President or Governor ought not to delay (save in exceptional cases) in appointing his Ministers or Commissioners but rather that he/she speedily and fully set in motion the important work of governance in every sector of the economy and public life for the betterment of the people.
