Home Constitutional Law II The Establishment of Certain Federal Executive Bodies-Independence of Certain Bodies-State Executive-Deputy Governor

The Establishment of Certain Federal Executive Bodies-Independence of Certain Bodies-State Executive-Deputy Governor

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There shall be established for the Federation the following bodies:

  1. Code of Conduct Bureau; 
  2.  Council of State; 
  3.  Federal Civil Service Commission; 
  4.  Federal Judicial Service Commission; 
  5. National Defence Council; 
  6. National Economic Council; 
  7.  National Population Commission; 
  8.  Federal Character Commission; 
  9. Independent National Electoral Commission; 
  10.  National Judicial Council; 
  11.  Revenue Mobilisation Allocation and Fiscal Commission; (12) National Security Council; 
  12.  Nigeria Police Council; 
  13.  Police Service Commission. 

All members and Chairmen of the bodies shall be appointed by the President and the appointment shall be subject to confirmation by the Senate.

However, in exercising his powers to appoint a person as Chairman or member of the Council of State, the National Defence Council, or the National Security Council, the President shall not be required to obtain the confirmation of the SENATE. But in exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.

It must however be noted that the Constitution contains provisions for: (a) The tenure of office of the members;

  1.  qualification for membership; and 
  2. how members can be removed from office. 

See the Federal Republic of Nigeria Constitution, 1999 Sections 155 – 157 for details.
Independence of Certain Bodies Section 158(1) of the 1999 Constitution is more comprehensive than section 145(1) of the 1979 Constitution.

Section 145(1) of the 1979 Constitution limits such independent bodies to the Federal Civil Service Commission, the Federal Judicial Service Commission and the Federal Electoral Commission, while the quorum for holding meetings and taking decision of the bodies shall not be less than one-third of the total number of members of that body at the date of the meeting.

Section 158(1) of the 1999 Constitution states as follows: –

  1.  In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the Federal Civil Service Commission, the Federal Judicial Service Commission, and Independent National Electoral Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the National Judicial Council shall not be subject to the direction or control of any other authority or person. 
  2. The National Population Commission shall not be subject to the direction or control of any other authority or person: (d) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census; (e) in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the population census in any area or part of the Federation; (f) in carrying out the operation of conducting the census; and (g) in compiling its report of a national census for publication.

State Executive

The State Executive is a miniature of the Federal Executive in that the Governor of a state who also has to be a citizen of Nigeria and not less than 35 years of age operates with both his Deputy Governor and the Commissioners jointly to steer the ship of any particular state.
The Chief Executive of a state is the Governor who holds such an office until:

  1. his successor in office takes the oath of that office; 
  2.  he dies whilst holding such office; 
  3.  he otherwise ceases to hold office in accordance with the constitutional provisions.

Deputy Governor

The Constitution provides that a candidate for the office of Governor shall not be deemed to have been validly nominated to such an office unless he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor.

While no provision is made for the assignment of duties to a Deputy Governor in the 1979 Constitution; section 193 of the 1999 Constitution provides that the Governor of a state may in his discretion assign to the Deputy Governor specific responsibility for any business of the Government of the state, including the administration of any department of government.

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