CHECKING PRESIDENTIAL POWERS IN A NASCENT DEMOCRACY

Abstract

The Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN), substantially, arrogates to the Nigerian President, executive powers that are similar to that of the President of the United States, even though the democracies in which they operate are at different levels of development. Whereas Nigeria gained independence in 1960 and has managed to run a government chequered with military coups, the United States has been in existence since the year 1776 and has never experienced a military coup. This paper, on the basis of constitutional concepts, interrogates the powers of the Nigerian President and examines the adequacy or otherwise of the control measures provided in the CFRN. In analysing the scope of presidential powers as enshrined in the CFRN, the study adopts the doctrinal approach and examines the legal provisions that provide for the powers of the Nigerian President, case laws and relevant literature. The study finds that presidential powers in Nigeria are wide and largely unyielding to adequate control from the legislative, judicial and executive branches of government. The situation increases the chances of abuse of power by the President and makes the people susceptible to oppression. Consequently, the recommendations essentially, points in the direction of constitutional review, particularly, by strengthening the control mechanisms contained in the CFRN with respect to the presidential powers.