What the President can and cannot do in Nigeria (Pt.1)
By Osordi Ayomide
Under the 1999 Constitution (as amended), the President is Head of State, Head of Government and Commander-in-Chief of the Armed Forces (Section 130).
Although widely seen as the most powerful political officeholder, presidential authority is limited by the Constitution and the doctrine of separation of powers.
What the President can do
- Appoint and remove key officials
The President appoints Ministers, Special Advisers, Attorney-General of the Federation, Ambassadors, Chief of Defence Staff and Service Chiefs, Chairmen and members of federal commissions and The Chief Justice of Nigeria (on recommendation of the NJC).
However, most major appointments require Senate confirmation (Section 147 and others). Judicial appointments must be recommended by the National Judicial Council.
The Chief Justice is formally appointed by the President on NJC recommendation and subject to Senate confirmation.
- Control the Armed Forces
Under Section 218, the President is Commander-in-Chief.
He appoints service chiefs. He can deploy the armed forces.
However, a formal declaration of war requires approval of the National Assembly.
In practice, troop deployment does not require prior legislative approval, but funding and extended military engagements depend on legislative backing.
- Sign or withhold assent to Bills
The President signs bills into law (Section 58).
He may withhold assent (veto).
However, the National Assembly can override a veto with a two-thirds majority of both chambers.
If overridden, the bill becomes law without presidential assent.
- Propose the national budget
The President prepares and presents the Appropriation Bill.
He initiates money bills. However, no public funds can be withdrawn without National Assembly approval (Sections 80–81).
The legislature can amend the budget before passage.
- Declare a State of Emergency
Under Section 305, the President may proclaim a state of emergency.
However, the proclamation must be approved by the National Assembly within a specified period (two days if in session, ten days if not).
Without approval, it lapses.
- Grant Presidential pardon
Under Section 175, the President may grant pardon, respite, or commute sentences for federal offences.
However, he acts on the advice of the Council of State.
A pardon removes punishment but does not automatically erase historical conviction records.
- Negotiate treaties
The President signs international agreements.
However, under Section 12, treaties do not become law in Nigeria unless the National Assembly enacts them.