UNIT 5

POWERS OF THE FEDERAL REPUBLIC OF NIGERIA

The Federal Republic of Nigeria operates under a federal system of government, which is characterized by the division of powers among different levels of government—federal, state, and local. The Constitution of the Federal Republic of Nigeria, 1999 (as amended), serves as the supreme law of the land and outlines the distribution of powers. The powers includes;

1. Executive power: The executive power of the Federal Republic of Nigeria is vested in the President, who serves as both the Head of State and the Head of Government. The President is responsible for implementing and enforcing laws made by the National Assembly. This power is outlined in Section 5(1) of the 1999 Constitution.
2. Legislative power: Legislative power is vested in the National Assembly, which consists of the Senate and the House of Representatives. The National Assembly has the authority to make laws for the peace, order, and good government of the federation, see section 4(1) of the 1999 Constitution. Legislative powers are further divided into exclusive, concurrent, and residual lists.
3. Judicial power: Judicial power is vested in the courts, which are independent of the executive and legislative branches. The judiciary interprets laws and adjudicates disputes. See section 6(1) of the 1999 Constitution which vests judicial power in the courts established by the Constitution.

FEW CONSTITUTIONAL CONCEPTS

1. Separation of powers: The doctrine of separation of powers is a fundamental constitutional concept that ensures that the legislative, executive, and judicial branches of government operate independently of each other. This doctrine prevents the concentration of power and provides a system of checks and balances.
2. Rule of law: The rule of law is a principle that ensures that all individuals and institutions are subject to and accountable under the law. It implies that laws are applied uniformly and fairly, and that no one is above the law.
3. Supremacy of the constitution: The supremacy of the Constitution is established in section 1(1) of the 1999 Constitution, which states that the Constitution is the supreme law of the land and section 1(3) which states that any law inconsistent with the provisions of the Constitution is void to the extent of the inconsistency.

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY

The Fundamental Objectives and Directive Principles of State Policy are outlined in Chapter II of the 1999 Constitution. The directive principles serve as guidelines for state policy but are non-justiciable, meaning they cannot be legally enforced in court. They reflect the aspirations and goals of the Nigerian state. These principles guide the government in the formulation and implementation of policies and they includes:

1. Political objectives: See section 14 of the 1999 Constitution which emphasizes the sovereignty of the people and mandates that government authority must derive from the will of the people. It also mandates the participation of the people in government and public affairs.
2. Economic objectives: See section 16 which outlines the economic objectives, including the management and distribution of resources to serve the common good, and the promotion of a planned and balanced economic development.
3. Social objectives: See section 17 which highlights the social objectives such as ensuring equal opportunity for all citizens, protecting the rights of vulnerable groups, and providing adequate health care, education, and housing.
4. Educational objectives: See section 18 which mandates the government to promote science and technology, eradicate illiteracy, and provide free and compulsory education at all levels.
5. Environmental objectives: See section 20 which requires the government to protect and improve the environment and safeguard the water, air, and land resources.

RIGHT TO FAIR HEARING

The right to fair hearing is a fundamental human right enshrined in section 36 of the 1999 Constitution. It ensures that every individual is given an opportunity to be heard before any judgment or decision is made against them. See the case of Gukul Building Society Ltd v. Yola Town Council (1976) 4 SC 1 where the Supreme Court held that the right to fair hearing is a fundamental right that cannot be denied and the case of Mohammed v. Kano Native Authority (1968) NMLR 45 where the court emphasized the importance of impartiality in the adjudicating process. Fair hearing has the following elements;

1. Notice: this is where parties must be informed of the case against them and given adequate time to prepare their defense.
2. Impartial Tribunal: this is where the adjudicating body must be impartial and free from bias.
3. Opportunity to Present Case: this is where parties must have the opportunity to present their evidence and arguments.
4. Right to Legal Representation: this is where individuals have the right to legal representation of their choice.
5. Decision Based on Evidence: this is where decisions must be based on the evidence presented during the hearing.

FUNDAMENTAL HUMAN RIGHTS

Fundamental human rights are guaranteed under Chapter IV of the 1999 Constitution. See the case of Fawehinmi v. Abacha (1996) 9 NWLR (Pt. 475) 710 where the court affirmed the supremacy of fundamental human rights and the duty of the state to protect these rights and the case of Ransome-Kuti v. A.G Federation (1985) 2 NWLR (Pt. 6) 211 where the Supreme Court emphasized the importance of protecting human rights as enshrined in the Constitution. These rights are essential for the protection of individual freedoms and dignity and they includes:

1. Right to life: See section 33 which guarantees the right to life, and no one shall be deprived of life except in the execution of a court sentence following a conviction.
2. Right to dignity of human person: See section 34 which protects individuals from torture, inhuman or degrading treatment, slavery, and forced labor.
3. Right to personal liberty: See section 35 which ensures the right to personal liberty, and individuals cannot be detained without lawful justification.
4. Right to fair hearing: As previously discussed, see section 36 which guarantees the right to fair hearing.
5. Right to private and family life: See section 37 which protects the privacy of individuals, their homes, correspondence, and communications.
6. Right to freedom of thought, conscience, and religion: See section 38 which guarantees freedom of thought, conscience, and religion, including the right to change one’s religion or belief.
7. Right to freedom of freedom of expression and the press: See section 39 which ensures the right to freedom of expression and the press, allowing individuals to hold opinions and communicate ideas without interference.
8. Right to peaceful assembly and association: See section 40 which guarantees the right to peaceful assembly and association, including the right to form or join trade unions.
9. Right to freedom of movement: See section 41 which provides for the right to move freely within Nigeria and to reside in any part of the country.
10. Right to freedom from discrimination: See section 42 which protects individuals from discrimination on the basis of community, ethnic group, place of origin, sex, religion, or political opinion.
11. Right to acquire and own immovable property: See section 43 which ensures the right to acquire and own immovable property anywhere in Nigeria.

CONCLUSION

These notes provide a comprehensive overview of the powers of the Federal Republic of Nigeria, key constitutional concepts, fundamental objectives and directive principles of state policy, the right to fair hearing, and fundamental human rights, along with relevant Nigerian cases and statutes.