Federal government of Nigeria

Federal Government of Nigeria
Formation 1963 (1963)
Founding document Constitution of Nigeria
Jurisdiction Nigeria
Legislative branch
Legislature National Assembly
Meeting place National Assembly Complex
Executive branch
Leader President of Nigeria
Headquarters Aso Rock Presidential Villa
Main organ Cabinet
Judicial branch
Court Supreme Court
Seat Abuja, FCT
This article is part of a series on the
politics and government of
Nigeria

The Federal Government of Nigeria is the federal government for the Federal Republic of Nigeria, a federation in West Africa, composed of 36 states, who share sovereignty with the federal government and 1 federal territory administered solely by the federal government. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the Constitution of Nigeria in the National Assembly, the President, and the federal courts, including the Supreme Court, respectively.

Nigeria is a federal republic, with executive power exercised by the president. The president is the head of state, the head of government, and the head of a multi-party system. Nigerian politics takes place within a framework of a federal, presidential, representative democratic republic, in which executive power is exercised by the government. Legislative power is held by the real government and the two chambers of the legislature: the House of Representatives and the Senate. Together, the two chambers make up the law-making body in Nigeria, called the National Assembly, which serves as a check on the executive arm of government. The highest judiciary arm of government in Nigeria is the Supreme Court of Nigeria which was created after independence and also practices Baron de Montesquieu's theory of the separation of powers[1] based on the United States system and also practises checks and balances[2] The Economist Intelligence Unit has rated Nigeria as "hybrid regime" in 2016.[3]

The law of Nigeria is based on the rule of law, the independence of the judiciary, and British common law (due to the long history of British colonial influence). The common law in the legal system is similar to common-law systems used in England and Wales and other Commonwealth countries. The constitutional framework for the legal system is provided by the Constitution of Nigeria.

  • English Law, which is derived from its colonial past with Britain;
  • Common law, case law development since colonial independence;
  • Customary law, which is derived from indigenous traditional norms and practices;
  • Sharia law, law used in some states in the northern region.

There is a judicial branch, with the Supreme Court regarded as the highest court of the Nation.

Legislation as a source of Nigerian law

The two fundamental sources of Nigerian law through legislation are[4]

(1) Acts of British parliament, popularly referred to as statutes of general application.

(2) Local legislation (comprising enactments of the Nigerian legislatures from colonial period to date). There were other sources which though subsumed in Nigerian legislations were distinctly imported into the Nigerian legal systems. They are called the criminal and penal codes of Nigeria.

Nigerian statutes as sources of Nigerian law

Nigerian legislation may be classified as follows. The colonial era until 1960 , post independence legislation 1960-1966 , the military era 1966-1999.

The post independence legislation 1960-1966

The grant of independence to Nigeria was a milestone in the political history of the country. This period witnessed the consolidation of political gains made during the colonial era. Politicians genuinely focused their lapses in the polity. It achieved for herself a republican status by shaking off the last vestiges of colonial authority. However, despite the violent violation of its provisions, the constitution remained the subsequent administrations (military or otherwise).

Military regime, 1966-1999

The breakdown of law and order which occurred in the period under review would not be attributed to any defect in the Nigerian legal system. Corrupt practices both in the body politic and all aspects of Nigerian life eroded efficiency and progress. There were 8 coups generally five were successful and 3 were unsuccessful.

Executive branch

The president is elected through universal suffrage. He or she is both the chief of state and head of government, heading the Federal Executive Council, or cabinet.

The executive branch is divided into Federal Ministries, each headed by a minister appointed by the president. The president must include at least one member from each of the 36 states in his cabinet. The President's appointments are confirmed by the Senate of Nigeria. In some cases, a federal minister is responsible for more than one ministry (for example, Environment and Housing may be combined), or a minister may be assisted by one or more ministers of State.[5] Each ministry also has a Permanent Secretary, who is a senior civil servant.[6]

The ministries are responsible for various parastatals (government-owned corporations), such as universities, the National Broadcasting Commission, and the Nigerian National Petroleum Corporation. However, some parastatals are the responsibility of the Office of the Presidency, such as the Independent National Electoral Commission, the Economic and Financial Crimes Commission and the Federal Civil Service Commission.[7]

Legislative branch

The National Assembly of Nigeria has two chambers: the House of Representatives and the Senate. The House of Representatives is presided over by the Speaker of the House of Representatives. It has 360 members, who are elected for four-year terms in single-seat constituencies. The Senate, which has 109 members, is presided over by the President of the Senate. 108 members are elected for four-year terms in 36 three-seat constituencies, which correspond to the country's 36 states. One member is selected in the single-seat constituency of the federal capital.

OFFICE NAME TERM
President of the Senate Bukola Saraki 2015 -
Speaker of the House of Representatives Yakubu Dogara2015 -

Judicial branch

The judicial branch consists of the Supreme Court of Nigeria, the Court of Appeals, the High Courts, and other trial courts such as the Magistrates', Customary, Sharia and other specialised courts.[8] The National Judicial Council serves as an independent executive body, insulating the judiciary from the executive arm of government.[9] The Supreme Court is presided over by the Chief Justice of Nigeria and thirteen associate justices, who are appointed by the President of Nigeria on the recommendation of the National Judicial Council. These justices are subject to confirmation by the Senate.

Office Office holder Assumed office
Chief Justice W.S.N Onnoghen[10] 16 July 2016
Associate Justice Sylvester Umaru Onu1993
Associate Justice Umaru Atu Kalgo1998
Associate Justice G. A. Oguntade2004
Associate Justice Sunday A. Akintan2004
Associate Justice Mahmud Mohammed2005
Associate Justice
Associate Justice Ikechi Francis Ogbuagu2005
Associate Justice F. F. Tabai1999
Associate Justice Ibrahim Tanko Muhammad2007

Political parties and elections

Presidential elections of Nigeria, 2015

Buhari
53.96%
Jonathan
44.96%
Margin: 2,571,759
Candidate Party Votes %
Muhammadu BuhariAll Progressives Congress15,424,92153.96
Goodluck JonathanPeople's Democratic Party12,853,16244.96
Adebayo AyeniAfrican Peoples Alliance53,5370.19
Ganiyu GaladimaAllied Congress Party of Nigeria40,3110.14
Sam EkeCitizens Popular Party36,3000.13
Rufus SalauAlliance for Democracy30,6730.11
Mani AhmadAfrican Democratic Congress29,6650.10
Allagoa ChineduPeoples Party of Nigeria24,4750.09
Martin OnovoNational Conscience Party24,4550.09
Tunde Anifowose-KelaniAccord Alliance22,1250.08
Chekwas OkorieUnited Progressive Party18,2200.06
Comfort SonaiyaKOWA Party13,0760.05
Godson OkoyeUnited Democratic Party9,2080.03
Ambrose Albert OwuruHope Party7,4350.03
Invalid/blank votes844,519
Total29,432,083100
Registered voters/turnout67,422,00543.65
Source: INEC

House of Representatives

Party Votes % Seats +/–
All Progressives Congress225
People's Democratic Party125
Other parties10
Invalid/blank votes
Total360
Registered voters/turnout
Source: Reuters Nigeria Tribune

Senate

Party Votes % Seats +/–
All Progressives Congress60Increase19
People's Democratic Party49Decrease15
Labour Party
Invalid/blank votes
Total109
Registered voters/turnout
Source: Naijaonpoint

States of Nigeria

Nigeria is made up of 36 states and 1 territory. They are: the Federal Capital Territory, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, and Zamfara

Local governments

Each state is further divided into Local Government Areas (LGAs). There are 774 LGAs in Nigeria.[11] Kano State has the largest number of LGAs at 44, and Bayelsa State has the fewest at 9. The Federal Capital Territory of Abuja has 6 LGAs.[11] LGAs replaced the Districts that were the previous third-tier administrative units under the British government.

Military

Nigerian troops

The military of Nigeria has played a major role in the country's history, often seizing control of the country and ruling it for long periods of time. Its last period of rule ended in 1999, following the death of the leader of the previous military junta Sani Abacha in 1998.

Active duty personnel in the three Nigerian armed services totals approximately 76,000. The Nigerian Army, the largest of the services, has about 60,000 personnel, deployed between two mechanized infantry divisions, one composite division (airborne and amphibious), the Lagos Garrison Command (a division-size unit), and the Abuja-based Brigade of Guards. The Nigerian Navy (7,000) is equipped with frigates, fast attack craft, corvettes, and coastal patrol boats. The Nigerian Air Force (9,000) flies transports, trainers, helicopters, and fighter aircraft; however, most of their vehicles are currently not operational. Recently, Marshal of the Nigerian Air Force, Sadique Abubakar, suggested the purchase of equipment after dumping the non-operational vehicles.

Foreign relations

Nigeria currently has better foreign relations with its neighbors, due to its current state of democracy. It is a member of the African Union and sits on that organization's Peace and Security Council. In 1960, Nigeria joined both the United Nations and the Commonwealth of Nations; however, they were briefly suspended between 1995 and 1999.

See also

References

  1. "separation of powers". TheFreeDictionary.com. Retrieved 2016-02-23.
  2. "Checks and Balances". www.factmonster.com. Retrieved 2016-02-23.
  3. solutions, EIU digital. "Democracy Index 2016 - The Economist Intelligence Unit". www.eiu.com. Retrieved 2017-12-01.
  4. "SOURCES AND CLASSIFICATION OF NIGERIAN LAW". Newswatch Times. Archived from the original on 2016-02-21. Retrieved 2016-02-23.
  5. "Government Ministries in Nigeria". Commonwealth of Nations. Retrieved 2009-12-21.
  6. "Permanent Secretaries". Office of the Head of Service of the Federation. Archived from the original on 2010-08-10. Retrieved 2009-12-20.
  7. "BOARDS OF PARASTATALS". Office of the Head of Service of the Federation. Archived from the original on 2009-10-10. Retrieved 2009-12-21.
  8. "Court System in Nigeria". The Beehive by One Economy Corporation. Archived from the original on February 25, 2013. Retrieved July 17, 2012.
  9. "Constitution". The National Judicial Council. Archived from the original on January 24, 2013. Retrieved July 17, 2012.
  10. "ALOMA MUKHTAR: Making of Nigeria's Female CJN". P.M. News. Independent Communications Network Limited. July 16, 2012. Archived from the original on July 2, 2014. Retrieved July 17, 2012.
  11. 1 2 "USAID Nigeria mission: Nigeria administrative divisions" October 2004
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