Thesis and Dissertations

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Browsing Thesis and Dissertations by Author "Abdullah, Zubairu Abdullahi"

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    EXAMINATION OF PRESIDENTIAL POWERS UNDER THE 1999 NIGERIAN CONSTITUTION
    (Department of Public and Internatinal Law, Nasarawa State University Keffi, 2019-03-20) Abdullah, Zubairu Abdullahi
    The 1999 Constitution separates the Executive powers from the Legislative and Judicial powers. Section 5 of the Constitution vest the executive powers of the Nigeria Federation on the President. However, this dissertation is carried out as a result of the identifiable problems associated with the vesting of some of the powers of the federation in the President, and the manner that some of the powers are exercised. Hence this study is aim to confirm that the power approved to the President under section 5(l)(b) to execute and maintain the constitution is exercised in strict conformity with the constitution and the laws made by the National Assembly, and for the President not to unilaterally expand the scope of that power thereby circumventing a drift into arbitrariness. Even though there is provision for delegation ofpowers, such delegates act only for and on behalf of the President hence such acts are acts of the President. This dissertation adopted the doctrinal method of research. This research discovered that the grant contained in section 5(l)(b) is obviously a blanket cheque to the President in exercise of his powers. However, there is no absolutism in the vesting of the executive powers in the president and that adequate mechanism are available to bring such president to order. It is hoped that this research had contributed to the knowledge and development of constitutional principles which could lead to good governance. Hence, is to bring to the fore that the operation of federalism is not working the parliamentary system would naturally reduce the power of the president. The research proffers recommendation on how to checkmate the presidential powers in Nigeria some of the ways include the necessity to redefine the second limb of section 5(l)(b), to have clear frontiers in order to check the abuse and misuse of powers by unscrupulous Presidents who may want to expand the scope of that power beyond the legislative scope of the National Assembly.