Browsing by Author "Abdallah, Zubairu Abdallah"

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    AN EXAMINATION OF PRESIDENTIAL INFLUENCE UNDER THE 1999 NIGERIAN CONSTITUTION
    (Department of Public and International Law, Nasarawa State University, Keffi, 2018-11-11) Abdallah, Zubairu Abdallah
    In practical terms, the 1999 constitution follows the US constitution in separating the executive power from the legislative and judicial power. However, section 5 of the constitution vests the executive power of the Nigerian federation on the president personally. However, it is difficult to fully comprehend the extent and scope of the presidential influence under Section 5. This study therefore examined the presidential influence under 1999 Nigerian Constitution. This research used doctrinal method to achieve the set objective. The study limited itself to Presidential influence as well as other reckoned powers contained in the Constitution. It is therefore observed that the power vested by the wording of section 5(1 )(b) leaves room for the President to expand the scope of his powers in the course of the maintenance and execution of the Constitution as well as to all matters with respect to which the National Assembly has power to make laws. Having due regard to the rationale behind the Presidential system of Government and the need to have an executive President, vested with all executive powers, the benefits thereof notwithstanding, it is necessary to redefine the second limb of section 5(1 )(b), to have clear frontiers. When a President is vested with the power to act on issues which the National Assembly has power to legislate upon, even when there is no legislation yet in place, the .. tendency is for an unscrupulous President to expand the scope of that power beyond the legislative scope of the National Assembly. It is worse if there is a doctrine that National Assembly that is prostrate and cannot invoke the powers contained in section 143, to remove the President.