The Enormous Mandate: Unpacking the Powers of the Nigerian President Under the 1999 Constitution

Nigeria’s journey as a democratic nation, particularly since the advent of the Fourth Republic in 1999, has been profoundly shaped by its presidential system of government. At the heart of this system lies the office of the President, a figure endowed with a vast array of powers and responsibilities by the 1999 Constitution of the Federal Republic of Nigeria (as amended).¹ This constitution, serving as the supreme law of the land, meticulously delineates the President’s authority, seeking to establish a framework of checks and balances while simultaneously granting the executive sufficient latitude to govern effectively.

This comprehensive exploration delves deep into the various facets of the Nigerian President’s powers under the 1999 Constitution. We will dissect the executive, legislative, and judicial functions, examine the significant roles in security and foreign policy, and scrutinize the crucial appointment powers, alongside the often-debated emergency and prerogative of mercy powers. Our aim is to provide a well-structured and articulated analysis, leaving no blind spot in understanding the immense mandate vested in Nigeria’s highest office.

I. The Executive Power: The Core of Presidential Authority

The bedrock of the President’s powers is enshrined in Section 5(1) of the 1999 Constitution, which unequivocally vests the executive powers of the Federation in the President.² This power can be exercised directly by the President or through the Vice-President, Ministers of the Government of the Federation, or officers in the public service of the Federation.³ This broad delegation highlights the President’s role as the chief executor and administrator of the nation’s affairs.⁴

A. Execution and Maintenance of the Constitution and Laws

Perhaps the most fundamental executive power is the responsibility to “execute and maintain 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.”⁵ (Section 5(1)(b)). This is not merely a ceremonial duty but a substantive obligation to ensure the proper functioning of government and adherence to the rule of law. It encompasses:

• Enforcement of Federal Laws: The President is ultimately responsible for ensuring that all federal laws passed by the National Assembly are faithfully implemented across the nation.⁶ This involves overseeing various ministries, departments, and agencies (MDAs) tasked with specific areas of governance.
• Implementation of Policies and Programmes: The executive arm, under the President’s leadership, is responsible for initiating and implementing government policies and programs aimed at national development, welfare, and security.⁷ These policies often derive from existing laws or are designed to address emerging national needs.
• Day-to-day Administration: The President oversees the vast machinery of the federal civil service, ensuring the efficient and effective delivery of public services. This includes managing resources, coordinating inter-agency efforts, and setting administrative priorities.

B. Power to Appoint and Remove from Office

A significant aspect of the President’s executive power lies in the authority to appoint and remove key officials, which is crucial for shaping the direction and composition of the government.⁸ This power, though extensive, is often subject to parliamentary oversight, primarily confirmation by the Senate.⁹

• Ministers and Special Advisers (Sections 147 & 151): The President appoints Ministers to head various federal ministries and portfolios, forming the Federal Executive Council (FEC). These appointments must reflect the principle of federal character, ensuring representation from all states of the federation.¹⁰ The appointments are subject to confirmation by the Senate. The President also has the power to appoint Special Advisers.¹¹
• Attorney-General of the Federation (Section 150): The Attorney-General of the Federation (AGF) serves as the chief law officer of the Federation.¹² Appointed by the President, subject to Senate confirmation, the AGF’s powers include instituting, undertaking, or discontinuing criminal proceedings.¹³ While the AGF’s office is meant to maintain a degree of independence in legal matters, the President retains the power of removal.
• Heads of Federal Parastatals and Agencies: The President appoints the chief executives and board members of numerous federal parastatals, commissions, and agencies, which are vital for the implementation of government policies in specific sectors.¹⁴ These appointments are often subject to Senate confirmation.
• Ambassadors and High Commissioners (Section 171): The President appoints Nigeria’s representatives to other countries and international organizations, playing a direct role in shaping the nation’s foreign relations.¹⁵ These appointments typically require Senate confirmation.
• Secretary to the Government of the Federation, Head of the Civil Service of the Federation: These crucial administrative positions are filled by presidential appointment, central to the coordination and management of the federal bureaucracy.¹⁶

C. Control over Public Revenue (Sections 80-84)

The President, as the head of the executive, plays a central role in the management of national finances.¹⁷

• Preparation and Presentation of the Annual Budget: The President is responsible for preparing and laying before the National Assembly, in each financial year, estimates of the revenues and expenditures of the Federation for the following year.¹⁸ This is the annual budget, which, upon legislative approval, becomes the Appropriation Act, authorizing government spending.
• Authorization of Expenditure: No money can be withdrawn from the Consolidated Revenue Fund of the Federation except in the manner prescribed by the National Assembly. While the National Assembly authorizes expenditure through appropriation acts, the President oversees the actual disbursement and management of these funds.

II. Commander-in-Chief and Security Powers (Sections 217 & 218)¹⁹

The President holds the critical position of the Commander-in-Chief of the Armed Forces of the Federation, a role that vests him with immense power over national security.²⁰

• Supreme Command of the Armed Forces: The President exercises supreme command over the Nigerian Armed Forces (Army, Navy, Air Force) and determines their operational use.²¹ While this power can be delegated, the ultimate authority rests with the President.
• Appointment of Service Chiefs: The President appoints the Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, and Chief of Air Staff.²² These appointments are crucial for the strategic direction and leadership of the armed forces.
• Deployment of Troops: The President has the authority to deploy members of the armed forces.²³ However, for combat duty outside Nigeria, the prior approval of the Senate is required (Section 5(4)(b)).²⁴ In instances of imminent threat to national security, the President, in consultation with the National Defence Council, may deploy troops on limited combat duty outside Nigeria, but must seek the consent of the Senate within seven days of actual combat engagement, with the Senate giving or refusing consent within 14 days (Section 5(5)).²⁵
• Declaration of War: The President cannot declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session (Section 5(4)(a)).²⁶ This is a crucial check on the President’s war-making powers

III. Legislative Powers (Indirect)

While the legislative powers of the Federation are primarily vested in the National Assembly (Section 4), the President, as the head of the executive, plays a significant role in the legislative process.²⁷

• Assent to Bills (Section 58): For a bill passed by the National Assembly to become law, it must be presented to the President for his assent. The President may:
  • Assent to the Bill: The bill becomes law.
  • Withhold Assent: If the President withholds his assent, he must inform the National Assembly of his reasons. The National Assembly can then reconsider the bill, and if it is passed again by a two-thirds majority in both the Senate and the House of Representatives, it automatically becomes law, even without the President’s assent. This demonstrates a vital check on presidential power.
• Initiation of Legislation: Although the National Assembly is responsible for lawmaking, the President and the executive arm often initiate legislation through bills presented to the National Assembly by relevant ministries or departments. These are typically government bills designed to implement policies or address specific national issues.²⁸
• Power to make Regulations, Rules, and Orders: In executing laws made by the National Assembly, the President or relevant ministries and agencies may issue regulations, rules, or executive orders to provide details and mechanisms for the implementation of such laws. These are often considered “subsidiary legislation” and must conform to the enabling Act.
• Modification of Existing Laws (Section 315): The President has the power to modify existing laws that were in force before the 1999 Constitution came into effect, to bring them into conformity with the provisions of the new Constitution. This power, though significant, is for purposes of adaptation and not for creating entirely new laws.

IV. Judicial Powers (Limited and Specific)

The judicial powers of the Federation are vested in the courts (Section 6). However, the President exercises certain powers that have a direct impact on the judiciary and the administration of justice.²⁹

• Appointment of Judicial Officers:
  • Chief Justice of Nigeria and Justices of the Supreme Court: The President appoints the Chief Justice of Nigeria on the recommendation of the National Judicial Council (NJC), subject to confirmation by the Senate.³⁰ Other Justices of the Supreme Court are also appointed by the President on the NJC’s recommendation, subject to Senate confirmation (Section 231).
  • Heads of Federal Courts: The President appoints the President of the Court of Appeal, Chief Judge of the Federal High Court, and other heads of federal courts on the recommendation of the NJC, subject to Senate confirmation.
  • Other Federal Judges: Other federal judges are appointed by the President on the recommendation of the NJC.
• Removal of Judicial Officers: While judicial officers enjoy security of tenure, the President plays a role in their removal. A judicial officer can only be removed by the President acting on an address supported by a two-thirds majority of the Senate, praying for his removal for inability to discharge the functions of his office or for misconduct (Section 292). This intricate process is designed to protect judicial independence.
• Prerogative of Mercy (Section 175): This is a unique and significant power. The President may:
  • Grant any person concerned with or convicted of an offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions.
  • Grant a respite, either for an indefinite or specified period, of the execution of any punishment.³¹
  • Substitute a less severe form of punishment.³²
  • Remit the whole or any part of any punishment, penalty, or forfeiture.

    This power is exercised after consultation with the Council of State and extends to offences against army, naval, or air force law.33 This power is often exercised in humanitarian cases or to correct perceived injustices, but its exercise can sometimes be controversial, particularly in cases involving corruption.

V. Foreign Policy and Diplomatic Powers

The President is the chief diplomat and representative of Nigeria in international relations.³⁴

• Conduct of Foreign Policy (Section 19): The President directs Nigeria’s foreign policy, which is guided by fundamental objectives and directive principles of state policy, including:
  • Promotion and protection of the national interest.³⁵
  • Promotion of African integration and support for African unity.³⁶
  • Promotion of international cooperation for the consolidation of universal peace and mutual respect among all natio³⁷ns, and elimination of discrimination.
  • Respect for international law and treaty obligations, and seeking settlement of international disputes by negotiation, mediation, conciliation, arbitration, and adjudication.
  • Promotion of a just world economic order.
• Receiving Envoys: The President receives foreign ambassadors and high commissioners accredited to Nigeria, symbolizing the formal recognition of foreign states.
• Treaty Making: The President has the power to negotiate and sign treaties and agreements with other countries and international organizations.³⁸ However, for such treaties to have the force of law in Nigeria, they must be enacted into law by the National Assembly (Section 12).³⁹
• Representation at International Fora: The President represents Nigeria at various international and regional gatherings, such as the United Nations, African Union, ECOWAS, and other multilateral organizations.⁴⁰

VI. Emergency Powers (Section 305)

The Constitution grants the President significant powers to declare a state of emergency under specified extraordinary circumstances, typically to address threats to national security or public order.⁴¹

• Conditions for Declaration: A proclamation of a state of emergency can only be issued by the President under specific conditions, including:
  • The Federation is at war.
  • The Federation is in imminent danger of invasion or involvement in a state of war.⁴²
  • There is actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures.
  • There is an occurrence or imminent danger of a disaster or natural calamity affecting the community.
  • There is any other public danger which clearly constitutes a threat to the existence of the Federation.
  • The President receives a request from a state governor, approved by a two-thirds majority of the State House of Assembly, for a state of emergency in that state under specific circumstances.
• Procedure for Declaration: The President issues a proclamation published in the official Gazette.⁴³ Copies of the proclamation, including details of the emergency, must be immediately transmitted to the President of the Senate and the Speaker of the House of Representatives, who must then convene their respective Houses to consider the situation.
• National Assembly Approval: The proclamation ceases to have effect after two days if the National Assembly is in session, or after ten days if not in session, unless it has been approved by a resolution of both Houses supported by a two-thirds majority of all the members of each House.⁴⁴
• Duration and Extension: A state of emergency, once approved, lasts for six months.⁴⁵ It can be extended for further periods of six months by a resolution of the National Assembly supported by a two-thirds majority.
• Effects of a State of Emergency: During a state of emergency, certain fundamental rights can be derogated from, and the government may take extraordinary measures to restore order.⁴⁶ This can include restrictions on movement, deployment of security forces, and in some cases, the appointment of an administrator to take over the executive functions of a state.

VII. Other Significant Powers and Roles

Beyond the core categories, the President exercises other vital powers and functions that underpin the governance of the Federation.⁴⁷

• National Honours: The President is responsible for bestowing national honours and awards on deserving Nigerians and foreign nationals, recognizing their contributions to the nation.
• Appointment of Commissions of Inquiry: The President can establish commissions of inquiry to investigate specific matters of public interest or concern.
• Custodian of National Assets: The President, through the executive branch, is the ultimate custodian of all federal government assets and properties.
• Power over Capital Territory: The President exercises all executive powers relating to the Federal Capital Territory, Abuja, effectively acting as its Governor.

VIII. Checks and Balances on Presidential Powers

Despite the extensive powers vested in the Nigerian President, the 1999 Constitution, drawing lessons from past experiences, incorporates several mechanisms for checks and balances to prevent abuse of power and promote accountability.

• Legislative Oversight: The National Assembly exercises significant oversight over the executive through:
  • Confirmation of Appointments: Many key presidential appointments require Senate confirmation.
  • Budgetary Control: The National Assembly has the power of the purse; no public funds can be spent without its appropriation.
  • Investigations and Inquiries: The National Assembly can conduct investigations into the activities of the executive arm (Section 88).⁴⁸
  • Impeachment: The President can be removed from office through an impeachment process by the National Assembly for gross misconduct (Section 143).⁴⁹ This is a high bar, requiring a two-thirds majority in both Houses.
  • Overriding Presidential Veto: As discussed, the National Assembly can override a presidential veto on legislation with a two-thirds majority.⁵⁰
• Judicial Review: The judiciary has the power to review the actions of the executive arm to ensure they are in conformity with the Constitution and existing laws.⁵¹ Courts can declare presidential actions or executive orders ultra vires (beyond legal authority) or unconstitutional.
• Federal Character Principle (Section 14(3)): This principle mandates that appointments to federal public service, including ministerial appointments, reflect the diversity of Nigeria, ensuring no single ethnic or regional group dominates.⁵² This acts as a check on the President’s appointment powers, fostering inclusivity.
• Council of State and National Security Council: The President is required to consult with certain bodies, such as the Council of State (for prerogative of mercy) and the National Defence Council (for military deployments), before exercising certain powers. While often advisory, these consultations provide an avenue for broader input and deliberation.
• Public Opinion and Media Scrutiny: In a democratic setting, public opinion, shaped by a free press and active civil society, serves as an informal but potent check on presidential power, influencing policy decisions and holding the executive accountable.

IX. Challenges and Debates Surrounding Presidential Powers

The extensive powers of the Nigerian President under the 1999 Constitution have often been a subject of debate and scrutiny.

• Concentration of Power: Critics argue that the constitution concentrates too much power in the hands of the President, potentially leading to authoritarian tendencies if checks and balances are not robustly applied. The fear of an “imperial presidency” is a recurring theme in Nigerian political discourse.
• Weakening of Other Arms of Government: Some argue that the vast executive powers can, at times, overshadow and even weaken the legislative and judicial arms, particularly when a strong political will from the executive is in play.
• Impact on Federalism: The strong central executive, with its pervasive influence over state affairs through various federal agencies and financial allocations, sometimes raises questions about the true nature of federalism in Nigeria.
• Emergency Powers and Human Rights: The exercise of emergency powers, while necessary in crises, has historically raised concerns about potential infringements on fundamental human rights and civil liberties. The procedural safeguards in the constitution are crucial in this regard.
• Prerogative of Mercy and Anti-Corruption Efforts: The power of pardon, while a humanitarian tool, has sometimes been viewed controversially, especially when applied to individuals convicted of corruption, leading to questions about its impact on the fight against graft and public perception of justice.

Conclusion

The 1999 Constitution of the Federal Republic of Nigeria bestows upon the President an immense and multifaceted mandate, making the office the fulcrum of governance.⁵³ From the day-to-day execution of laws and policies to the supreme command of the armed forces, and from diplomatic representation to the appointment of key officials, the President’s powers are undeniably extensive.⁵⁴ These powers are designed to ensure effective leadership, maintain national unity, and drive development in a complex and diverse nation.

However, the constitutional framers, mindful of Nigeria’s tumultuous political history, also incorporated crucial checks and balances, notably through the National Assembly’s oversight functions and the judiciary’s power of review. These mechanisms are vital for upholding the principles of separation of powers, rule of law, and accountability, preventing the concentration of power from degenerating into tyranny.

Understanding the intricate web of powers and their corresponding checks is paramount for any meaningful analysis of Nigerian governance. The continuous interplay between the President’s authority and the constraints imposed by the Constitution, alongside the dynamic influence of political realities, shapes the trajectory of the nation. As Nigeria continues to evolve, the interpretation and exercise of these presidential powers will remain a critical determinant of its democratic health and progress. The strength of Nigeria’s democracy lies not just in the enumeration of these powers but in the steadfast commitment of all stakeholders to uphold the spirit and letter of the 1999 Constitution, ensuring that the enormous mandate of the President is always exercised for the greater good of all Nigerians.