Meaning of section 5 (1) of 1999 constitution

Meaning of section 5 (1) of 1999 constitution

What is the Meaning of section 5 subsection One of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 5 (1) of 1999 constitution

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Meaning of section 5 (1) of 1999 constitution

The section 5 subsection 1 of Nigeria 1999 constitution power of executive stated that

Subject to the provisions of this Constitution, the executive powers of the Federation- (a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation

Power of executive

1 The President of the Federation has the executive powers, which means they have the authority to enforce the laws and policies of the country.

2 The President can exercise these powers directly or through

The Vice-President

Ministers of the Government (e.g. Minister of Defense, Minister of Health)

– Officers in the public service (e.g. civil servants, permanent secretaries)

– However, the President’s powers are subject to:

– The provisions of the Constitution (meaning they cannot act against the Constitution)

– Any laws made by the National Assembly (meaning they must follow the laws passed by the legislature)

– The President is at the top of the executive branch, with the authority to make decisions and take action.

– They can delegate tasks and powers to others, like the Vice-President, Ministers, and public servants.

– However, they must still follow the rules and laws set out in the Constitution and by the legislature.

 

This clause establishes the President as the head of the executive branch, with the power to lead and manage the country, while also ensuring accountability and checks on their authority.

 

This are some key points in this section are:

1. Vesting of Executive Power:

– The statement says that the “executive powers of the Federation shall be vested in the President.”

– This establishes the President as the head of the executive branch at the federal level.

 

2. Exercise of Executive Power:

– The President can exercise these executive powers “either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.”

– This allows the President to directly make executive decisions, or delegate and exercise those powers through the Vice-President, Cabinet ministers, and other federal government officials.

 

3. Limitations and Legal Provisions:

– However, this is “subject to the provisions of this Constitution” and “to the provisions of any law made by the National Assembly.”

– This means the President’s exercise of executive power is still subject to the limitations and requirements set forth in the Nigerian Constitution, as well as any applicable laws passed by the National Assembly (the federal legislature).

In simpler terms, this statement is saying that the executive power of the federal government in Nigeria is vested in the office of the President. The President has the authority to directly exercise that executive power, or delegate and exercise it through the Vice-President, Cabinet ministers, and other federal officials. But the President’s exercise of executive power is not absolute – it remains subject to the constraints and requirements established in the Nigerian Constitution, as well as any relevant laws passed by the National Assembly. This helps provide checks and balances on the executive branch’s authority.

Meaning and Breaking down of this section

Subject to the provisions of this Constitution: This means that the President’s power is not absolute. There might be other parts of the Constitution that limit his power.

Executive powers of the Federation…shall be vested in the President: The President is the chief executive officer, responsible for overseeing the federal government’s operations.

May…be exercised by him either directly or through the Vice-President and Ministers…: The President can choose to handle some duties himself, but he can also delegate tasks to others:

Vice-President: The Vice President can take on some of the President’s responsibilities.

Ministers: These are like heads of departments within the government, and they are responsible for specific areas like finance, defense, or education.

Officers in the public service: These are government employees who help implement policies and programs.

Example

Imagine the President is the CEO of a big company (Nigeria). This law says the CEO has the ultimate authority to run the company, but he can delegate tasks to other important people like the Vice President (like a COO), department heads (Ministers), and other employees (public service officers).

 

Some point out of this section

1 The President has the most power, but it’s not unlimited.

2 The President can choose to handle things himself or delegate tasks to others.

3 There are different levels of people who help the President run the government.

 

b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws. :

Point of this section

1 The executive powers of the President (mentioned earlier) also include the responsibility to:

2 Enforce and implement this Constitution

3 Execute and maintain all laws passed by the National Assembly

4 Handle all matters that fall within the legislative powers of the National Assembly (i.e., matters that the National Assembly has the authority to make laws about)

5 The President is not only responsible for making decisions and taking action, but also for ensuring that the Constitution and laws are put into effect and upheld.

6 This includes carrying out the laws and policies passed by the National Assembly, as well as handling any matters that fall within the legislature’s authority.

This clause emphasizes the President’s role as the chief executive, responsible for implementing and enforcing the laws and Constitution of the land.

Breaking down some words in this section

The President’s executive powers…shall extend to… This means the President’s job includes:

Execution and maintenance of this Constitution: The President is responsible for ensuring the Constitution is followed and upheld.

All laws made by the National Assembly: The President is responsible for implementing the laws passed by the National Assembly.

All matters with respect to which the National Assembly has…power to make laws: This is a broad category. It basically means the President’s executive power covers anything the National Assembly has the authority to make laws about.

Imagine the laws are like recipes, and the Constitution is the main instruction manual for running the country. This law says the President’s job is to make sure those recipes (laws) are followed correctly, following the overall instructions of the Constitution (instruction manual). The President’s power applies to anything the National Assembly has the authority to write a recipe (law) about.

The President’s job is to put the laws and Constitution into action.

This gives the President broad authority to manage the government’s day-to-day operations.

The President’s power is still limited to areas where the National Assembly has the right to make laws.

This part is further clarifying the scope and extent of the executive powers vested in the President of Nigeria. The key points are:

1. Execution and Maintenance of the Constitution and Laws:

– The statement says the President’s executive powers “shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly.”

– This means the President is responsible for implementing and upholding the Nigerian Constitution, as well as all the laws passed by the National Assembly (the federal legislature).

 

2. Matters within National Assembly’s Legislative Jurisdiction:

– The President’s executive powers also extend “to all matters with respect to which the National Assembly has, for the time being, power to make laws.”

– This indicates the President’s executive authority covers all areas where the National Assembly has the legislative power to enact laws.

In simpler terms, this part of the statement is saying that the President’s executive powers are not limited to just the President’s own direct decisions and actions. Rather, the President’s executive authority extends to:

 

1) Ensuring the Constitution and all laws passed by the National Assembly are properly executed and maintained.

2) Overseeing all matters that fall within the National Assembly’s legislative jurisdiction, even if the National Assembly has not actually passed a law on that matter yet.

This gives the President a broad scope of executive power to administer the government and ensure the laws and Constitution are faithfully enforced, across the full range of the federal legislature’s lawmaking authority.

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