This is the text of a Public Lecture on the theme, “What Can the President Do for Me ?” delivered by the Minister of Works and Housing, Mr Babatunde Fashola, during the Yoruba Tennis Club Annual Lecture at Onikan, Lagos State on Friday, November 5.
Speech:
At the onset of the protest against the Special Anti-Robbery Squad (SARS), when five demands were made in respect of the police and SARS, President Muhammadu Buhari weighed in on the side of the protesters when he said:
“On Monday, October 12, I acknowledged the genuine concerns and agitations of members of the public regarding the excessive use of force by some members of SARS…As a democratic government, we listened to and carefully evaluated the five-point demands of the protesters. And, having accepted them, we immediately scrapped SARS and put measures in place to address the other demands of our youth.”
To some of the protesters, this was not enough action. In my interaction with some of them, young and not so young, they wanted the President to sack some policemen, in some cases even the Inspector General of Police.
During this interaction, I referred them to the provisions of the 1999 Constitution as amended, that I pointed out to them that:
a. The President of Nigeria cannot sack a police officer because a policeman is not the employee of the President but rather the employee of the Police Service Commission;
b. The President can only sack Ministers and other appointees that he appoints to assist him and not any civil servant deployed to work for him such as a cook, driver, or administrative staff who are ordinary employees of the Civil Service Commission.
Not a few persons were surprised to hear this.
Indeed, I have discovered that many of our people express surprise when I explain the government structure to them.
For example, I explain to people that I do not sign cheques, vouchers, or documents that directly involve the transfer of money as governor or minister.
On the contrary, at certain levels of payment under the financial regulation, my powers as Governor or Minister are limited to approving recommendations for the price made to me through the Permanent Secretary; after he and I have satisfied ourselves that the Government has received value for the payment or will do so.
Although the Federal Ministry of Works and Housing has several directorates such as Construction and Rehabilitation, Planning and Development, Bridges and Design, Materials Geotechnics and Quality Control, Finance and Accounts, Legal and Procurement, many openly express surprise when I tell them that only Engineers, Architects, Valuers, Builders, Town Planners and those involved in the built industry are staff of the Ministry of Works and Housing.
Those in Legal Department are lawyers seconded from the Ministry of Justice to whom they report, Finance and Accounts are staff of the Accountant General/Ministry of Finance, to whom they report, and procurement personnel are staff of the Bureau of Public Procurement to whom they report; At the same time, those in administration are staff of the Head of Service/Public Service Office to whom they report.
And this is true of all ministries in a system of checks and balances.
Similarly, in the engineering sections of other ministries, the Ministry of Works also seconds engineers to support those ministries, and they report to their parent ministry.
What is true of the Federal civil service system is mainly true of the state civil service systems.
This, in part, is why the public service is a bureaucracy, which has been defined as:
“…a complex organization that has multi-layered systems and processes.” (Source – Investopedia)
I am surprised that this surprises people, which is part of why I chose to discuss it at this public forum.
So very often, I hear general statements that the President of Nigeria is very powerful. Sometimes they say the office is too powerful; in some cases, they even ascribe more powers to him than the United States President.
Therefore, in responding to the invitation of Chief Babajide Damazio, the Chairman of the Yoruba Tennis Club, I have decided to interrogate the matter publicly by titling my speech “What can the President do for me?”
The flip side is also that some of our public discourse is coloured with general statements that are not factual such as some statements to the effect that the Vice President is, in their words, “just a spare tyre,” suggesting that he has no powers or functions except those assigned to him by the President.
These statements betray a lack of knowledge about the Constitution, and I intend to discuss them here within reasonable limits of time.
If one looks through the length and breadth of the Constitution as I have, you will find that the office of the President is referred to 48 (FORTY-EIGHT) times.
A closer look at the details for those who have read the Constitution will suggest possibly an error in mixing up or conflating “powers” with “function”, and the difference is significant.
“Whereas ‘power’ is the legal right or authorization to act or not to act, it is the ability conferred on a person by law to alter, by an act of will, the rights, duties liabilities and other relations, either of that person or another. On the other hand, the term “function” is the duty of the office.
Minister Points 48 Mentions of the President’s Office in Nigeria’s Constitution:
i) 23 instances refer to powers exercisable by the President;
ii) 9 instances refer to powers exercisable by the President subject to the National Assembly;
iii) 4 instances refer to powers exercisable by the President subject to other institutions;
iv) 9 instances refer to the President’s functions and duties; and
v) 3 instances refer to restrictions on the powers of the President.
Yes, the “all-powerful,” “too powerful” President that we generalize about his powers has restrictions on his powers.
I have provided a table of all the references in the Constitution below:
Part A: Powers exercisable by the President
Section
1
The executive powers of the Federation are vested in the President.
Section 5(1)(a)
2
The executive powers include the power to execute and maintain the Constitution.
Section 5(1)(b)
3
Power to execute and maintain all laws made by the National Assembly.
Section 5(1)(b)
4
Power to make treaties [Power conferred on the Federation]
Section 12
5
Power to deprive registered or naturalized citizens of their citizenship.
Section 30
6
Authorization of qualified private persons to establish a television or wireless broadcast station.
Section 39
7
Power to assent (or withhold assent) to bills passed by both the Senate and the House of Representatives
Section 58
8
Power to decide whether or not it is practicable to hold elections.
Section 64
9
Power to issue a proclamation for the holding of the first session of the National Assembly.
Section 64
10
The right to attend joint meetings of the National Assembly or the Senate, or the House of Representatives to address national affairs or make a statement on government policies.
Section 67
11
Power to order the withdrawal of money from the Consolidated Revenue Fund of the Federation to meet expenditure necessary to carry on the services of the Government.
Section 82
12
Establishment of offices of Ministers of the Government of the Federation.
Section 147
13
Assignment of responsibilities to the Vice President and Ministers.
Section 148(1)
14
Power to appoint or remove Chairman and members of Federal Executive Bodies established by section 153 of the Constitution
Section 154
15
Approval of rules of procedure made by the Federal Executive Bodies established by section 153 of the Constitution.
Section 160
16
Power to approve delegation by the Federal Civil Service Commission of its Power to any of its members or any officer in the civil service of the Federation.
Section 170
17
Power to appoint and remove the following officers: Secretary to the Government of the Federation, Head of Service, Ambassadors, High Commissioners and Permanent Secretary, etc.
Section 171
18
Power to approve a State body where it is intended by the body to confer power or impose duties to any officer or authority of the Federation.
Section 204
19
Power to give lawful directions to the Inspector General of Police with respect to the maintenance and securing of public safety and public order.
Section 215(3)
20
Power to direct the armed forces to suppress insurrection and act in aid of civil authorities to restore order.
Section 217(2)(c)
21
The President is the Commander-in-Chief of the armed forces of the Federation and as such is empowered to:
a. determine the operational use of the armed forces of the Federation;
b. appoint the Chiefs of Staff of Defence, Army, Navy, and Air Force; and
c. appoint heads of any other branches of the armed forces of the Federation.
Section 218
22
The Constitution vests the executive power for the administration of the Federal Capital Territory in the President.
Section 299
22
Power to appoint a Minister for the Federal Capital Territory
Section 302
23
As the Appropriate Authority, the President is authorized to make modifications in the text of any existing law as he considers necessary to bring the law into conformity with the provisions of the Constitution.
Section 315(2)
Part B: Power subject to the National Assembly
1
Power to declare a state of war between the Federation and another country [subject to the sanction of the National Assembly]
Section 5(4)
2
Deployment of members of the armed forces of the Federation on combat duty outside Nigeria. [subject to the approval of the Senate]
Section 5(5)
3
Making regulations to prescribe matters which are required to give effect to constitutional provisions on citizenship [subject to lay before the National Assembly]
Section 32
4
Appointment and removal of the Auditor-General for the Federation
Section 86
5
Appointment of Ministers
Section 147
6
Power to appoint Special Advisers to assist the President in the performance of his functions. [Their number is to be determined by the National Assembly]
Section 151
7
Power to appoint the Chief Justice of the Federation, Justices of the Supreme Court of Nigeria, President of the Court of Appeal, Justices of the Court of Appeal, Chief Judge and Justices of the Federal High Court and Justices of other Federal Courts. [Subject to confirmation by the Senate]
Sections 231, 238, 250, 254B, etc.
8
Power to remove the Justices and Judges appointed by him [Acting on an address supported by 2/3 majority of the Senate or NJC]
Section 292
9
Power to issue a proclamation of a state of emergency in the Federation or any part thereof in the circumstances listed in section 305(3) and (4) of the Constitution.
Section 305(1)
Part C: Power subject to other institution
1
Deployment of members of the armed forces of the Federation on limited combat duty outside Nigeria. [in consultation with the National Defence Council]
Section 5(5)
2
Power to grant a pardon to any person convicted of any offence created by an Act of National Assembly (Prerogative of mercy)
[This Power is to be exercised by the President after consultation with the Council of State]
Section 175
3
Power to accept or reject the report of population census conducted by the National Population Commission.
[This Power is subject to the advice of the Council of State]
Section 213
4
Appointment of the Inspector General of Police
[This Power is to be exercised on the advice of Nigeria Police Council]
Section 215(1)(a)
Part D: Functions and Duties
1
Considering recommendations from a body set up to review ownership and control of business enterprises operating in Nigeria.
Section 16(3)
2
Approving the registration of persons who apply to be registered as citizens of Nigeria.
Section 26
3
Granting of certificate of naturalization to persons who are qualified.
Section 27
4
The President has the responsibility to cause the budget to be prepared and laid before the National Assembly.
Section 81
5
Duty to hold regular meetings with the Vice President and the Ministers of the Government of the Federation.
Section 148(2)
6
Tabling of proposals for revenue allocation from the Federation Account to the National Assembly.
Section 162(2)
7
Duty to transmit copies of official gazette containing emergency proclamation to the President of the Senate and the Speaker of the House of Representatives
Section 305(2)
8
The President is the Chairman of the following constitutional bodies:
a. The Council of State
b. National Defence Council
c. National Security Council
d. Nigeria Police Council
9
Duty to lay accepted report of population census conducted by the National Population Commission before the National Assembly.
[This Power is subject to the advice of the Council of State]
Section 213
Part E: Restriction
1
Prohibition from holding any other executive office or paid employment
Section 138
2
Prohibition from maintaining or operating a bank account in a country outside Nigeria.
Fifth Schedule to the Constitution
3
Prohibition from being employed by a foreign company or foreign enterprises after leaving office
Fifth Schedule to the Constitution
Is the Vice President really without responsibilities, duties and functions unless the President assigns them to him?
Certainly not. Those who assert that position tells a big lie. A lie is born either out of ignorance at the best or mischief at the worst.
The framers of the Nigerian Constitution and our legislators seem to have deliberately attempted to entrust matters relating to its security with the President by making him Chairman of the National Councils such as the Security Council, Defence Council and the Police Council while entrusting the Vice President with matters relating to the economy by making him the Chairman of the National Council on Privatization and the National Economic Council.
Although they did not say the President cannot deal with economic matters, I believe he cannot chair the Economic Council or National council on privatization without violating/breaching the Constitution with its attendant constitutional risks and consequences.
So much for the “all-powerful” President.
