GROUP 7 Presentation

Names
Akinyemi Eniola Olabisi 20L01/015
Ige Oyindamola Dorcas 20L01/028
Moses Jennifer Chinero 19L01/074
Orduemere Be-praying Ngozi, 20L01/044
Akintayo Tumininu Aminat 20L01/014
Isaac Elizabeth Oluwatimilehin 20L01/029
Ajirotutu Mojolaoluwa 19S06/012
Osipitan Oluwasayo 20L01045

COURSE: CONSTITUTIONAL LAW

COURSE CODE: PIL2202

LECTURER-IN-CHARGE: DR. AGUDA

Question: EXECUTIVE POWERS; MEANING, SCOPE, POWERS AND

FUNCTIONS OF THE PRESIDENT AND GOVERNOR; APPOINTMENT, PUBLIC
ORDER, DEFENCE, EMERGENCY, PEROFATIVE OF MERCY,ATTORNEY
GENERALS POWERS.
INTRODUCTION
Nigeria has experienced governance under three major forms of the executive power since
Independence.The First was under the 1960 and 1963 constitutions where the execetive
power, of the federation under a parliament system of government as shared betwen the
president who was the head of the state and Commander-in-chief of the armed forces
according to Section 34 of the 1963 constitution1 and the prime minister in whom the
executive powers of the federation was stated to be vested2.The president was elected by a
secret ballot at a joint meeting of both Houses of Parliament3 He then appointed the prime
minister from among the House of Representatives as stated in Section 87 of the 1963
Constitution,The prime minister was still the effective executive
head with respect, tothe general business of government but must be keep the president
informed about such.The relationship was duplicated in the regions between the governors
and the premiers which often led to the conflict of personalities between the two executive
heads which contributed to the eventual demise of the first republic through military coup
d’etat.
Nigeria was exposed to another form of executive governance under the military rule under
which all the executive authority of the nation was vested in the military head of state4 who
was also the chairman of the legislative body5.
The third form of executive authority which was seen as preferable to the parliamentary
type is the Executive presidential type because it reduces area of conflict.
Section 5(1) of the 1999 Constitution of the Federal Republic of Nigeria(as amended)
provides;Subject to the provisions of this Constitution, the executive powers of the
Federation 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; and shall extend to the execution and maintenance of the
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.

Meaning and Nature of Executive Powers

The phrase executive powers according to the Blacks Law Dictionary 5th Edition, means the
power to execute laws or carry them into effect. Under Section 5(1)(a) of the 1999
constitution of the Federal Republic of Nigeria(as amended) provides that Subject to the
provisions of the Constitution, the executive powers of the Federation 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; and shall extend to the execution and maintenance of the constitution, all laws

1
Section 34 of the 1963 Constitution
2
Section 84 of the 1963 Constitution
3
Section 35 of the 1963 Constitution
4
Sections 7 and 6 of the Decree No 1 of 1966 and 1984 respectively
5
Section 3(2) of Decree No.1984
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.

Section 5(2) says that the executive powers of a State shall be vested in the Governor of that
State and may,
subject as aforesaid and to the provisions of any Law made by a House of Assembly, be
exercised by him either directly or through the Deputy Governor and Commissioners of the
Government of that State or officers in the public service of the State and also shall shall
extend to the execution and maintenance of the constitution, all laws made by the House of
Assembly of the State and to all matters with respect to which the House of Assembly has for
the time being power to make laws.
Section 5(1)(b) expressly grants this type of executive powers to the president in relation
to the constitution and laws made by the National Assembly. And also Section 5(1)(a)
empowers the president to delegate the person in his discretion to the Vice President,
Ministers of offices of the public service of the federation except where the constitution
provides otherwise.

POWERS AND FUNCTIONS OF THE PRESIDENT

Based on Section 130(2) of the 1999 constitution of the FRN (as amended) provides that
the President of the Federation shall be the head of state,the Chief executive of the federation
and commander-in-chief of the armed forces of the federation.
The Constitution explicitly assigns the president its powers and functions. These are:
1)Execution and maintenance of constitution and laws
The powers granted under section5(b) are perhaps the basis of the bulk of the powers and
duties being exercised or to be exercised by the president. The duty of execution and
maintenance of the constitution under section 5(b) means the president is responsible for
making sure that the provisions of the constitution are brought into effect. Thus, for example
by virtue of the provisions of section 153 of the 1999 constitution, certain federal executive
bodies, commissions and councils are to be established. The president is saddled with the
responsibility of executing the sections in keeping with the provisions of other sections of the
constitution in relation to it.
Apart from the general powers listed under section 5 of the 1999 constitution which is
similar to that of its predecessors, the constitution again confers other powers and duties on
the president in other sections of the constitution. This is the implication of the phrase
“subject to the provision of this constitution” with which section 5 starts. According to the
court in Senate of National Assembly v. Tony Momoh,The deliberate use of this expression
means that the section to which it precedes should not be construed in isolation, but it must be
considered with reference to other provisions of the constitution.
2)Power over public revenue
Even though the National Assembly has a sole authority to determine the manner in which
revenue is to be allocated among the various levels of government, the president as the head
has a crucial role to play in the collection, accumulation and declaration of such revenue in
accordance with constitutional provision. He is also responsible for preparing a budget for
expenditure of the amount standing to tune of the federation and lays it before the legislature
for its approval.Section 162(1) provides for the opening of a Federation Account into which
all revenue collected by the federal government must be paid, except the personal income tax
of the personnel of the armed forces, police, ministry of external affairs and residents of the
Federal Capital Territory, Abuja.By virtue of this provision, the provision, the government of
the federation becomes a trustee, and it is the duty of the trustee to render account to the
beneficiaries of the trust if, and when, called upon to do so and it is not the function of the
federation account allocation committee to collect revenue for the federation account.
3)Treaty-making powers
Treaty making is not one of the subject matters listed in the exclusive or concurrent
legislative lists as being within the authority of the federal or state legislatures. The general
convention on law of treaties describes a treaty as an agreement between two or among states.
By virtue of the provisions of section 12 of the 1999 constitution, the treaty must be re-
enacted into law by National Assembly, and ratified by a majority of the Houses of Assembly
in the federation (which is often ignored) before it is sent to the president for his assent.Since
a treaty can deal with various subject matters sometimes outside the express authority of the
legislature, the constitution allows the National Assembly to enact into law, treaties relating
to matters not included in the legislative lists.
4)Prerogative of mercy
According to oxford dictionary, prerogative of mercy is the right and power of the
sovereign, state president or other supreme authority to commute a death sentence or change
the mode of execution or pardon an offender. It is also referred to as the power of pardon.
The power of pardon is an important component of executive powers which allows the
president to intervene and grant pardon as a way of dispensing mercy of the government.
In exception cases where the legal system fails to deliver a morally and politically acceptable
result. In recent times, the power has become, in practice become a personal prerogative of
the president a remnant of tribal kingship generally reserved for the well-heeled and well-
connected. In some cases, prerogative of mercy is for those offenders who have been severely
punished or wrongly convicted by reason of some technical or procedural error, or convicted
the right facts under the wrong laws.

MEANING OF PARDON
The Black’s law dictionary defines pardon as the act or instance of officially nullifying
punishment or other legal consequences of a crime. A pardon is often granted by the chief
executive of a government such as the president in respect of federal offences and the
governor in respect to state offences. In US V WILSON, chief justice Marshall defined
pardon as: An act of grace, proceeding from the power entrusted with the executive of the
law, which exempts the individual, on whom it is bestowed, from the punishment the law
inflicts for a crime he has committed.
The court in BIDDEL V PEROVICH states that a pardon in our day is not a private act of
grace from the individual happening to possess powers, it is part of a constitutional scheme.
Part of a constitutional scheme that needs to exist for ‘public welfare’. Pardon is granted to
both the innocent and the guilty. A pardon for the innocent is called an acquittal and must be
given all the effects of an acquittal. For other reasons pardon leaves the determination of the
convict’s guilty stand and only relieves him of the legal consequence of that guilt.
In Nigeria, there has been several instances of pardon while some where adjudged to be fair
and deserving, others where criticized and described as a display of the executives high-
hardness and abuse of power. The exercise of presidential pardon by then president
Dr Goodluck Ebele Jonathan to Chief D.S.P Alameiyesigha, former governor
of Bayelsa state, who was convicted for several corruption charges, remains the most
controversial exercise of presidential pardon in the country then. Given the heat generated
from this pardon the question is whether it would have been different if the beneficiary was
not from Delta state or if the president was not a deputy governor of Alameiyesigha when he
was a governor.
Under the section 175(1) of the constitution of Federal Republic of Nigeria 1999, the
president may grant a pardon either freely or subjected to lawful conditions, to any persons
convicted or concerned with an offence under any act of the national assembly or may grant a
respite to any person either for an indefinite period or a specific period. The president may
even substitute a lesser form of punishment for an imposed punishment or remit any penalty
of forfeiture. The expression concerned with or convicted of’ is used section 175(1)(a) of the
constitution, it implies that free or conditional pardon maybe granted to a person who is on
trial or who has been arrested in connection to the offence but has not yet been tried and the
punishment is not yet imposed. By virtue of section 175(3) the president’s prerogative of
mercy extends to persons concerned with offences against the army, navy, or airforce or
anyone convicted by a court martial. The power of the president to grant pardon under the
section 175(1) of the constitution shall be exercised by him after consultation with the
council of states. Therefore any grant of presidential pardon without the consultation of the
council would be unconstitutional. However the president is not under obligation to accept
and act upon the consultation.
By virtue of the provision of section 212 of the constitution, the governor also has power to
pardon persons under the same circumstances as the president in section 175 of the
constitution. He also is to exercise his power after consultation with an advisory council to be
established in accordance to the laws of the land.

Prerogative of mercy as a legal concept cannot be set in motion unless there is a sentence of
court on a convicted person. It is clear to not that the prerogative of mercy is a personal
power to the president of the federal republic of Nigeria or governor of the state no matter the
case may be and it cannot be exercised by any other person not even the court has the power
to exercise prerogative of mercy. The popular case of AMANCHUKWU V THE
FEDERAL REPUBLIC OF NIGERIA (2007) 6 NWLR (PT 1029) C.A where the
sentence of life imprisonment was reduced to 15 years imprisonment on the appeal and by
that time, the appellant had spent more than 15 years imprisoned. The court of appeal
recommended that the case be transferred to the attorney general of the federation who would
bring it to the attention of the president for reprieve under prerogative of mercy pursuant to
section 175. Prerogative of mercy enables the president or governor to look at justice through
their own spectacle, knowing that leadership is an additional responsibility having being
elected and also knowing that justice is the first condition in a society. The power of pardon
and prerogative of mercy are used for the purpose of calming and unifying the society. The
former head of state Yakubu Gowon pardon Chief Obafemi Awolowowho repeatedly asked
for pardon. In his application, he stated his achievements, contribution to the unity and
progress of the nation. General Atiku Abubakar set General Obasanjo free, also Major
General OladipoDiya, Shittima Bulama, General Musa Yar’adua (late) and
Major eneral Abulukareem Adisa (late) were also pardoned.

PREROGATIVE OF MERCY IN REGARDS TO QUASI-JUDICIAL FUNCTION

The executive arm of government and that of the state are embedded with quasi-judicial
powers which seems more powerful at some point than the power of the judiciary itself. In
strict constitutional jurisprudence, the exercise of pardon power amounts to interference by
the executive of judicial powers in breach of the doctrine of separation of power but such
interference would be allowed when authorized by the constitution which also states the
doctrine of separation of power. The power to exercise prerogative of mercy should be done
to promote the cause of justice, reduced unjustified hardship, preservation of the moral
standard of the Nigerian people as well as the protection of Nigerian constitution rather than
exercising it with the impunity for self or political reasons just because the law states without
limitation how the power should be exercised. There have been different opinions on how the
both section 175 and 212 should be amended with some limitations on how the power should
be handled.
The recent case of when President MuhammaduBuhari, granted controversial pardon to 159
convicted persons including two former state governors who were convicted and jailed for
stealing public funds. Ex-governor Joshua Dariye of Plateau state and ex-governor
Jolly Nyame of Taraba state. Both men were serving jail time after they were convicted of
stealing billions from public funds while they were governors. They were convicted by the
Supreme Court. There is a public outcry on whether they are meant to be let out that easily.

TYPES OF PREROGATIVE OF MERCY

UNCONDITIONAL PARDON: This is an absolute pardon or mercy granted by the president
of a country or the governor of a state to a person or group of persons who have been
sentenced by a competent court after a successful trail.
CONDITIONAL PARDON: This is a pardon which absolves the sentence of a convicted
person by the present or governor but premised on the occurrence of a certain event or the
fulfilment of an act by the person pardoned
DEFINITE RESPITE: This is a prerogative of mercy where exercised has the effect of
suspending or extending the time of a specific period before the sentence of the court can be
executed on. E.G A pregnant woman may be given time to put to bed before any sentence is
imposed
INDEFINITE RESPITE: This is a prerogative of mercy which when exercised there is a
suspension of sentence of the court on the beneficiary for a hazy period or a permanent time.
This is used by the president or governor in saying ‘till further notice.
SUBSTITUTE PARDON; This is when the sentence is being changed or substituted to a
lower penalty. E.G. A life sentence can be substituted to life imprisonment.
5)Appointments and Removal made by the President

As a result of the enormous responsibilities of the president as chief executive and law
enforcer, Nigerian constitutions have always certain offices and bodies, over whose
appointments and removal he exercises some degree of authority, to help him to execute
functions.

1)Ministers and Special Advisers

The president has the power to establish as many ministerial posts s he deems fit6. Those to be
appointed as ministers must however possess the same qualifications as members of the
House of Representatives2. Hence, they must be Nigerian, with at least thirty years old, with a
minimum of school certificate or its equivalent, and must be subject to any grounds for
disqualification7. The senate must confirm any appointment by the president8. Once the
Senate has confirmed appointment, neither it nor anybody except the president may in
anyway affect the appointment, or initiate or demanded dismissal9. Also, the legislative
cannot make laws conferring on it powers to confirm appointment other than the

6
Section 147(5) which makes section 65 of the 1999 constitution
relevant. 2 See section 66
7
Section 147(2)
8
Professor ishaya Audu & anor v. chief Adeniran Ogunsanya (1982) 3 NCLR 529
9
Ibid
constitutionally stated ones as this would amount to encroachment on the powers of the
executive10.

Appointment of ministers by the president must reflect the principle of federal character and
each state must as far as possible, be represented. In the case of House of Assembly Bendel
state v. Attorney General, Bendel state11, the plaintiff responded by an originating
summons field action claiming against the defendant appellant declarations inter alia; that the
entire provisions of section 2 of the Local Government (Amendment) law 1982 were
inconsistent with the provisions of the 1979 constitution, that the legislature of Bendel state
had no power to enact into law the bill titled “BILL FOR A LAW ESTABISHING
LOCAL GOVERNMENT COUNCILS” to enable it create local government councils, and
an injunction restraining the defendant House and its functionaries from taking any further
steps in the process of enacting the bill into law. On appeal, the Court of Appeal held; inter
alia, the section 4(8) of the 1979 constitution prohibits the legislatures of the country from
enacting any law, which ousts the jurisdiction of the courts in respect of the powers of the
courts in the interpretation and application of the constitution, including the supervisory
powers of the courts to declare ultra vires and invalid any legislation which is inconsistent
with the provisions of the constitution to the extent of such inconsistency. If the confirmation
of the senate is not forthcoming within twenty-one days, the appointment of the minister is
deemed to have been approved12. A minister must however, before taking up his appointment,
subscribe to the oath of allegiance in the seventh schedule to the constitution, and declare his
assets and liabilities13. It is the president who determines the portfolio and duties of the vice
president and ministers from time to time.14 A minister cannot assume duties that have not
been specifically assigned to him. Thus, in Tende v. Attorney General of the Federation15,
the court noted that the building of a port complex and the name to be given to it must be
specifically delegated to the minister of transport by the chief executive before he can
exercise it.

2)The Attorney General of the federation

Section 150(1) of the 1999 constitution of the Federal Republic of Nigeria(as amended) provides
that, There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the
Federation and a Minister of the Government of the Federation.

(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-
General of the Federation unless he is qualified to practise as a legal practitioner in Nigeria and has
been so qualified for not less than ten years.-

10
Kagoma v. governor of Kaduna state
11
(1984) 5 NCLR 161 CA
12
Section 147
13
Section 147(6)
14
Section 148
15
(1988) 1NWLR PT. 71 506 at. 522
The Attorney General of the Federation is another important member of the executive
department. He is also appointed by the president subject to the confirmation of senate, being
a minister in the executive department, though with already defined duties and powers. He
must however be a person who has been
qualified to practice in Nigeria for not less than ten years16. By virtue of the provisions of
section 147(1) of the 1999 constitution of the FRN(as amended),his duties are:

(a) to institute and undertake criminal proceedings against any person before any court of
law in Nigeria, other than a court martial, in respect of any offence created by or under any
act of the National Assembly.
(b) to take over and continue any such criminal proceedings that may have been instituted
by any other authority or person
(c) to discontinue at any stage before judgment is delivered any such criminal
proceedings instituted or undertaken by him or any other authority of person.

Thus, his duties are mainly to institute, undertake, or discontinue public prosecutions in
appropriate cases. In the discharge of his functions, he must not be influenced by any person
but not be influenced by any person but must perform his duties in the interest and the need to
prevent the abuse of the legislative process.17

Despite the fact, the president still has the overall authority as chief executive to remove the
attorney general or any member of his department from office.18 Due to the conflict of interest
that might arise as a result of the discharge of his duties as a law officer and minister of
federation, it is perhaps more advisable to separate the office of the attorney general from that
of the minister of justice so that the attorney general may discharge his functions without fear
or favor.

In Olusemo v. commissioner of police,15 kalgo, JCA held, inter alia; that the attorneys
general of the federation and the state are empowered to institute and undertake any
prosecution on behalf of the government. If any other authority or person does in relation to
criminal proceedings, in a court within their jurisdiction, they can take over, continue or
discontinue. Where they do not, the power of those other prosecuting persons, which in this
case was the police, is unlimited.

16
Section 150
17
Section 174(3)
18
Kagoma v. governor of Kaduna state, ibid
529. 15 (1988) 11 NWLR (pt. 575) 547
3) The civil service

By the virtue of section 169 of the constitution a “civil service” of the federation shall be
federation is to be established. Section 38 defines civil service as the service of the federation
in a civil capacity as staff of the offices of the president, the vice president, a minister or
department of the government of the federation assigned with the responsibility of any
business of the federation or the

government. Section 171 of the constitution outlines the offices to which the president has
powers to appoint.

4)Members of the judiciary

Apart from members of the executive bodies and the executive establishment, the president
also takes part in the appointment of members of the federal courts. Thus the chief justice of
the federation is appointed by the president, on the recommendation of the national judicial
commission, subject to confirmation by the senate.19 Under the 1995 draft constitution, it was
subjected to the advice of the national judicial council and confirmation by the senate.20 Thus,
though the president still partakes in the appointment of the chief justice of the federation, he
has little or no discretion in this matter. The president on the recommendation of the national
judicial council makes appointments of other judges of the various courts.

6)Declaration of a state of emergency

Granting of the power of declaration of state of emergency in a component unit of the central
government is as old as the Nigerian nation. Thus, if a state of emergency is declared in a
state by the president and approved by the National Assembly, depending on the
circumstances, the National Assembly can take over the legislative duties of the House of
Assembly.A situation of national danger or disaster in which a government suspends normal
constitutional procedures in order to regain control. The Governor declares a State of
Emergency when he/she believes a disaster has occurred or may be imminent that is severe
enough to require State aid to supplement local resources in preventing or alleviating
damages, loss, hardship or suffering. This declaration authorizes the Governor to speed State
agency assistance to communities in need. It enables him to make resources immediately
available to rescue, evacuate, shelter, provide essential commodities (i.e., heating fuel, food
etc.) and quell disturbances in affected localities. It may also position the State to seek federal
assistance when the scope of the event exceeds the State's resources.
State of emergency can only be applicable in Nigeria if;
1)The federation is at war: The president can declare state of emergency when the state is at
war and the means to reduce the attack on the citizens is to declare state of emergency.
2)The government is in imminent danger or involvement of state of war: State of emergency
can be declared when the state is involved with war.
3)When there is clear and present danger of an actual breakdown of public order and public
safety in the federation: This basically means the state can declare state of emergency when
there is breakout of war. For instance, The Federal government threatened to declare state of
emergency in Anambra State due to the fact that there were attacks and killings of bandits in
the state which was during election period.
19
Section 231
20
Section 231
 4)When 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 avert such danger: A
credible reference to this point is corona virus, which kept the globe on state of emergency, it
was also a global pandemic which originated in China. However, the first case was recorded
in 27th February 2020. The first lockdown took place on the 30th of march 2020 with few
states.etc..State of emergency can only be declared when the state is of big risk to the public
in general. In order for state of emergency to be declared, the issue at hand must be a great
threat to the society at large.
4)Other powers
Apart from the powers granted above, there are other powers granted to the president under
the constitution. For example, section 32 gives him the power to make regulation in relation
to citizenship matters under chapter three of the constitution, and for granting special
immigreant status, with full residential rights, to spouses of Nigerians who do not wish to
become Nigerians. Such regulation must be laid before the National Assembly for their
information.
Apart from this, it must be borne in mind that as the chief executor of all the laws made by
the National Assembly, other powers and authority are often granted to the president under
various laws.

POWERS & FUNCTIONS OF THE GOVERNOR

The powers and duties of the state governors are largely provided for in the same manner as
that of the president at the centre though with some qualifications. Thus, the executive
powers of the state are vested in section 5(2), which provides as follows;
“Subject to the provisions of this Constitution, the executive powers of a State:
(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the
provisions of any Law made by a House of Assembly, be exercised by him either directly or
through the Deputy Governor and Commissioners of the
Government of that State or officers in the public service of the State; and
The above section vests the powers of a state in the governor and, he may exercise it
directly or through his deputy, commissioners or officers of the state public service. A deputy
governor cannot, therefore, insist on powers being delegated to him or her. It is dependent on
the discretion of the governor in whom all the executive power is vested.21

Also, section 5(2)(b) provides that the executive powers are stated to “extend to the
execution and maintenance of this Constitution, all laws made by the House of Assembly of
the State and to all matters with respect to which the House of Assembly has for the time
being power to make laws.” In other words, as has been stated above, his powers include
what is stated in this subsection. Thus, the governor has a duty to ensure that the provisions of
the constitution are executed and maintained within his domain, and can litigate against any
infraction.
Whilst the nature of the executive powers of the governor is basically same as that of the
president, its scope is limited by the scope of the legislative authority of the House of
Assembly22 and by the provisions of section 5(3), which provides
21
Kagoma v. Governor of Kaduna State (1982) 3 NCLR 1032 FCA Kaduna.
22
Governor of Kaduna State v. House of Assembly Kaduna (1982) 3 NCLR, 635, HC, Kaduna.
The executive powers vested in a state under subsection 2 of this section shall be exercised as
not to;

(a) Impede or prejudice the exercise of the executive powers of the Federation;
(b) Endanger any asset or investment of the government of the Federation in the state; or
(c) Endanger the continuance of a federal government in Nigeria.
Thus, it must be noted that both the president and the governor have the duty of the execution
and maintenance of the constitution within their spheres of operation; acts such as
encouraging the citizens of a state to ignore executive orders of the presidents or to secede, or
inciting them against his office, or taking over an asset or investment of the federal
government without due process of law would be against the provisions of this section. They
are therefore limitations on the executive authority of the governor. The principles of
federalism however also dictate the fact that the president must not exercise his authority in
such a way as to affect the governor’s exercise of his executive powers within his domain.

Appointment and Removal made by the Governor

The Governor subject to confirmation by the House of Assembly appoints the commissioners
of the state, but such appointment must reflect the diversity or various ethnic groupings
within the state.23 The qualification of the commissioners is similar to that of the members of
the House of Assembly.24 Where the confirmation of the appointment of the commissioner is
not made within twentyone days, the appointment is deemed made.25

According to Section 208(1) of the 1999 constitution of the FRN(as amended) which states
the Power to appoint persons to hold or act in the offices to which this section applies and to
remove persons so appointed from any such office shall vest in the Governor of the State.26
(2) further states that; The offices to which this section applies are, namely-

(a)Secretary to the Government of the State;

(b)Head of the Civil Service of the State;

(c)Permanent Secretary or other chief executive in any Ministry or Department of the

Government of the State howsoever designated; and
(d) any office on the personal staff of the Governor.
(3)An appointment to the office of the Head of the Civil Service of a State shall not be made
except from among Permanent Secretaries or equivalent rank in the civil Service of any State
or of the Federation.

23
Section 192 of the 1999 constitution of the FRN(as amended)
24
Section 192(4) and 106 of the 1999 constitution of the FRN(as amended)
25
Section 192(5) of the 1999 constitution of the FRN(as amended)
26
Section 208(1) of the 1999 constitution of the FRN(as amended)
(4)In exercising his powers of appointment under this section, the Governor shall have regard
to the diversity of the people within the State and the need to promote
national unity.
(5)Any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section
shall be at best the pleasure of the Governor and shall cease when the Governor ceases to
hold office:
Provided that where a person has been appointed public service of the Federation or a State,
he shall be entitled to return to the public service of the Federation or of the State when the
Governor ceases to hold office.

POWERS AND DUTIES OF ATTORNEY GENERAL OF A STATE.

According to the provisions of section 211 of the constitution the powers of the Attorney
General of a state are as follows:

211 (1) The Attorney General of a state shall have power

(a) to institute and undertake criminal proceedings against any person before any court of law
in Nigeria other than a court-martial in respect of any offence created by or under any law of
the House of Assembly:

(b) to take over and continue any such criminal proceedings that may have been instituted by
any other authority or person: and

(c) to discontinue at any stage before judgement is delivered any such criminal proceedings
instituted or undertaken by him or any other authority or person.

(2) The powers conferred upon the Attorney-General of a state under subsection 1 of this
section may be exercised b him in person or through officers of his department.

(3) In exercising his powers under this section, the attorney General of a state shall have
regard to the public interest, the interest of justice and the need to prevent abuse of legal
process.

In Conclusion, The constitution of the Federal Republic of Nigeria which has the highest and
supreme law of Nigeria has provided that the excective powers are vested in the president of
the Federation and the State Governors and they have their powers and duties to be
exercised. Despite the fact that the constitution gives exclusive right to the executive body on
certain issues, this does not guarantee it to act alone and in an unconstitutional manner