The State Civil Service Commission

  1.  A State Civil Service Commission shall comprise a Chairman and not less than 2 and not more than 4 other persons who shall, in the opinion of the Governor, be persons of unquestionable integrity and sound political judgement. 
  2. The Commission shall have powers without prejudice to the power vested in the Governor and the Judicial Service Commission: (a) appoint persons to the offices in the state civil service; (b) dismiss and exercise disciplinary control over persons heading such offices. 

Its powers do not extend to offices of heads of divisions of Ministries or departments of government of the state as may from time to time be designated by an order made by the Governor except after consideration with the Head of the Civil Service of the State.

State Judicial Service Commission

A State Judicial Service Commission shall comprise the following members, namely:

  1.  The Chief Judge of the State, who shall be the Chairman; 
  2. The Attorney-General of the State; 
  3. The Grand Kadi of the Sharia Court of Appeal of the State, if any;
  4. The President of the Customary Court of Appeal of the State, if any; 
  5. Two members who are legal practitioners and who have been qualified to practice as legal practitioners in Nigeria for a period of not less than 10 years; and
  6. Two other persons not being legal practitioners who in the opinion of the Governor are of unquestionable integrity. The Commission shall have power: 
  7.  to advise the National Judicial Council on suitable persons for nomination to the office of: (i) the Chief Judge of the State; (ii) Grand Kadi of the Sharia Court of Appeal if any; and (iii) the President of the Customary Court of Appeal if any, subject to the confirmation of such appointment by the House of Assembly of the State. (iv) Judges of the High Court of the State; (v) Kadis of the Sharia Court of Appeal of the State, if any; (vi) Judges of the Customary Court of Appeal of the State, if any. (b) subject to the provisions of this Constitution, to recommend to the National Judicial Council, the removal from office of the Judicial officers specified in sub-paragraphs (a) and (b) this paragraph; (c) to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and the Customary Court of Appeal, the Magistrates, the Judges and members of the Area Courts and Customary Courts, and all other members of the staff of the judicial service of the State not otherwise specified in this Constitution. 

Prerogative of Mercy

  1.  The Governor may: (a) grant any person concerned with or convicted of any offence created by any Law of a State a pardon, either free or subject to lawful condition; (b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; (c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or (d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the state on account of such an offence. 
  2. The powers of the Governor under subsection (1) of this section shall be exercised by him after consultation with such advisory council of the state on prerogative of mercy as may be established by the Law of the State. 

Supplemental

The Constitution, 1999 makes provision for the National Population Census (Section 213), the establishment of Nigeria Police Force (Sections 214 – 216), the establishment and composition of the armed forces of the Federation (Sections 217 – 220), and the formation of political parties (Sections 221 – 229). Refer to the Constitution for details.

Declaration of State of Emergency

The President may by official Gazette issue a proclamation of a State of Emergency in the Federation or any part thereof when: (a) the Federation is at war; (b) the Federation is in imminent danger of invasion or involvement in a state of war; (c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extra- ordinary measures to restore peace and security; (d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part

thereof requiring extra-ordinary measures to avert the same; (e) there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation; (f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or (g) the president receives a request to do so by the Governor of a State with the sanction of a resolution carried out by a two-thirds majority of a House of Assembly of a State in support when there is an existence within the state any of the situations specified in (c), (d) and (e) above.

Immunity from Suits or Legal Proceedings

A person holding the office of President or Vice-President, Governor or Deputy Governor can not be sued for any Civil or Criminal matters during his period or term of office. See section 308 of the 1999 constitution of the Federal Republic of Nigeria He can not even be arrested or imprisoned during that period either in pursuance of the process of any Court or otherwise.

And no process of any Court shall be allowed or issued compelling the appearance of such an office holder in any Court of law. However, it must be noted that these exclusion clauses or immunities will not apply to Civil Proceedings in his official capacity or Criminal Proceedings in which such a person is only a nominal party.

CONCLUSION

The constitution of the Federal Republic of Nigeria clearly spells out the role the Legislature plays in the federation. In the same vain, it outlines the extent of the powers of both the legislature and the executive. In order to facilitate the functions of each arm of government, it endows powers unto both arms of government in the exercise of their constitutional duties. It also provides for the removal of state executives.

SUMMARY

In this module you have learnt about the powers of the Legislature, control of public funds, making of bills and removal of governors and their deputies.

TUTOR-MARKED ASSIGNMENT

Explain the process of making a money bill.

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State Executive Bodies-Declaration of State of Emergency-Judicial Service Commission-Civil Service Commission

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