A CRITICAL ANALYSIS OF PRESIDENTIAL POWERS UNDER THE 1999 NIGERIAN CONSTITUTION

TABLE OF CONTENTS

CHAPTER ONE: GENERAL INTRODUCTION

1.1 INTRODUCTION

1.2 STATEMENT OF THE PROBLEM

1.3 OBJECTIVES OF THE RESEARCH

1.4 JUSTIFICATION

1.5 RESEARCH METHODOLOGY

1.6 SCOPE/LIMITATION

1.7 LITERATURE REVIEW

1.8 ORGANISATIONAL LAYOUT

CHAPTER TWO

2.0 THE CONCEPT OF POLITICAL POWER

2.1 Normative View of Power

2.2 Post-Modern View of Power

2.3 Pragmatic View of Power

2.4 The Crux of Political Power

2.5 THE NATURE OF PRESIDENTIAL POWERS

2.5.1 Origin of Executive Presidency

2.5.2 The nature of executive power exercisable by the President

2.5.3 The Specific Grant Theory

2.5.4 The Residual Power Theory

2.5.5 The Inherent Power Theory

2.5.6 Power and Prospect of Arbitrariness: Checks and Balances

2.6 GENESIS OF THE EXECUTIVE PRESIDENCY IN THE 1999

CONSTITUTION

2.6.1 History of Executive Powers of the President

2.7 BASIC FEATURES OF THE 1999 NIGERIAN

CONSTITUTION

2.7.1 Basic Features of the Constitution

2.7.2 It is Presidential in Nature

2.7.3 Its Supremacy

2.7.4 Its Written and Rigid Nature

2.7.5 Its Republican Nature

2.7.6 Its Federal Nature

2.7.7 Separation of Powers

2.7.8 Rule of Law and Basic Rights

CHAPTER THREE

3.0 A CRITICAL ANALYSIS OF PRESIDENTIAL POWERS

UNDER THE 1999 NIGERIAN CONSTITUTION

3.1 POWER TO EXECUTE AND MAINTAIN THE

CONSTITUTION

3.2 SECURITY POWERS

3.3 POWER TO APPOINT AND REMOVE FROM OFFICE

3.3.1 Ministers and Special Advisers

3.3.2 Power to Appoint Federal Attorney-General

3.3.3 Civil Service of the Federation

3.3.4 Power Over Commissions and Councils

3.3.5 Judicial Appointments

3.4 POWER OVER PUBLIC REVENUE

3.5 PREROGATIVE OF MERCY

3.6 EMERGENCY POWERS

3.7 POWER OVER EXISTING LAWS

CHAPTER FOUR

4.0 A CRITIQUE OF THE EXERCISE OF EXECUTIVE

POWERS IN THE 1999 CONSTITUTION

4.1 Power to act within the Ambit of the Constitution

4.2 Maintenance of Public Safety and Order

4.3 Power to Appoint and Remove from Office

4.4 Command and Operational use of the Armed

Forces

4.5 Emergency Powers

4.6 Rule Making Power And The Separation Of

Powers

4.6.1 Implications of Presidential Power under sections 58 and

315 of the Constitution

CHAPTER FIVE

5.1 SUMMARY

5.1.1 Powers of the President

5.2 OBSERVATIONS

5.3 RECOMMENDATIONS

5.3.1 Redefine the power of the President under section 5(1)(b)

5.3.2 Decentralise the Police Force

5.3.3 Strengthen National Defence Council

5.3.4 President should obtain concurrence before exercising

emergency powers

5.3.5 Divest the President of Power to make rules

5.4 CONCLUSION

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