The presidential system of government is that type
system of government when in his right and power is always spelt but in the
constitution of the state. The rights and powers of the president of federal
republic of Nigeria have been spelt out in the 1999 constitution of Federal
republic of Nigeria.
In fact, Section 130 of the
constitution of the Federation. In the same vein, the president derives its
rights and powers or appointment from the constitution.
On the other hand, the
president lacks the absolute power to
make and confirm its officers in that, where he appoint any body to hold
ministerial special advisors and Amanda such appointment must be confirm by the
senate or retorted by the senate. Section 17194) of 1999 constitution of
Federal Republic of Nigeria provided this:
“Appointments to the office of ambassador, High
commissioner or other principal Representative of Nigeria a broad shall not
have effect unless the appointment is confirmed by the senate[1]”
In
addendum, section 171 (1) boldly proved that;
The power to appoint persons to hold or act in the
offices to which this section applies and to remove persons so appointed form
any such office shall vest in the president”[2].
Critical perusal of the above section will lead one to
conclusion that in other persons has the power has appoint ministers, special
advisers and other principal representative of Nigeria abroad except the
president, but this must be subject to the confirmation by the senate. In the
same vein, section 171 (2) in unequilibem term provides such officers the
president has power to appointment and they are as problems:
1999
constitution of federal republic of Nigeria, section 171 (4) 1999 constitution
of Federal Republic of Nigeria section 171 (1).
2. The officers to which this section
applies are namely,
a. Secretary to the government of the
federation
b. Head of the civil services of the
Federation
c. Ambassador,
high commissioner or other principal representatives of Nigeria abroad
d. Permanent,
secretary in any ministry or head of any extra ministerial department of the
government of the federation how so ever designated
c. any
personal office on the personal staff of the president.
The
constitution of Nigeria Renter provides in section 171 (5)&(6)
constitution of Federal Republic of Nigeria as
In exercising his power of appointment under those
section the president shall have under this section the president shall have
regard to the federal character of Nigeria and the need to promote national
unity
selection
(6) provides that any appointment made pursuant to paragraphs (a) (e) of
subsection (2) of this section shall be at the pleasure of the president and
shall cease when the president cease to hold office it is worth of note that
the president of Nigeria court have its presidential power with always other
ructions exclusive office neither will he paid emphysema in any capacity. This
is the purport of section 13 & of 1999 constitution of Federal Republic of
Nigeria. in the same vein the president of Nigeria will not exercise its
presidential functions except he had duly observed the provision of section
140 of 1999 constitution of federal Republic of Nigeria.
Consequently, the president of the
federation has been empowered by the constitution to appoint the attorney
general of the federation the inspector general of the federal and the chief
judge of the federation and some other judge of the federal high court, court
of appeal and Supreme Court of the federation.
Aupay
said these it is president discuss the rights and rules accords to the
president under 1999 court situation.
Constitution
which empowers the president to enter into treaties with other countries the
further said that section 12 (1) of the constitution impliedly concedes this
to him by force of law except to the extent to which any such treaty has been
enacted into law by assent it must be ratified by a majority of all the House
of Assembly in the country. This means that after the National Assembly can
perform this job of ratification of assembly and the president can implement a
treaty on item in the residual domain once it is a question of signing and
ratifying a treaty.
The general convention on law of treaties 1969,
defines a treaty as an agreement between two or more states this means that
after the national Assembly has made law adopting such treaty all the state
assemblies by simple majority shall endors of same before the president can
validly assent to it. The martial assembly can perform this job of ratification
of treaty whether.
According to section 12 (1) of 1999 constitution of
federal Nigeria provides that no treaty between the duration and other country
shall have the force of law except to the extent to which any such treaty has
been enacted into law by the National Assembly.
1 1999
Constitution of Federal Republic of Nigeria, section 140.
2 2 1999 Constitution of Federal Republic of
Nigeria, section 140.