INTRODUCTION
Peoples’ expectation in any civilized society is effective and efficient governance, the role that only the government performs as one of the four essential elements of the State. As stated earlier, there is no State without a government, which not only provides security to the people but also looks after their basic needs and ensures their socio-economic development.
Generally, modern governments operate on three pillars called organs and it is through this that the government operates.
The three organs are: The Legislature; The Executive and, The Judiciary but, in the recent time, The Press has come up to be regarded as the ‘fourth estate of the realm’ because of the important roles play by the mass communication media in the society. This unit shall look into the organs with emphasis on their composition, functions and the inter-relationship amongst them.
After studying this unit, you should be able to:
• Explain the composition of the Executive, Legislature and the Judiciary
• Discuss the functions and distinction between the bodies
• Critically analyse how each of the organ acts as checks and balances on the
other.
The executive is the arm of the government composed of the followings: The President/Head of State or Head of government; Ministers; Civil Servants; Police and the Armed Forces. In Nigeria where there are three tiers of government, the Chief Executive at the level of state and local government, are the Governor (assisted by Commissioners) and the Council Chairman (assisted by Supervisory Councilors) respectively. In a democracy, the head of the Executive are elected by popular votes and they, in turn, appoint the Ministers, the Commissioners or the Supervisory Councilors, as the case may be, with the approval of the Legislature.
OBJECTIVES
After studying this unit, you should be able to:
• Explain the composition of the Executive, Legislature and the Judiciary
• Discuss the functions and distinction between the bodies
• Critically analyse how each of the organ acts as checks and balances on the
other.
3.0 MAIN CONTENT
3.1. The Executive
3.1.1 Meaning and compositionThe executive is the arm of the government composed of the followings: The President/Head of State or Head of government; Ministers; Civil Servants; Police and the Armed Forces. In Nigeria where there are three tiers of government, the Chief Executive at the level of state and local government, are the Governor (assisted by Commissioners) and the Council Chairman (assisted by Supervisory Councilors) respectively. In a democracy, the head of the Executive are elected by popular votes and they, in turn, appoint the Ministers, the Commissioners or the Supervisory Councilors, as the case may be, with the approval of the Legislature.
3.1.2 Types of Executive
The two popular types of Executive are Presidential and Parliamentary as practiced by the United States and Britain as exponents. In between these two models, there is the model of French executive that can be called a quasi-parliamentary or quasi-presidential. In the French model of executive, the President is the real executive but the Prime Minister and the cabinet are under his control and, at the same time, they are accountable to the Parliament. So, the French model imbibes some features of both parliamentary and presidential forms of governments. Presidential system is a model in which the executive powers are vested in our person called Mr. President. Section 5(1)(a)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is explicit on this, it says:
Subject to the provisions of this Constitution, the executive powers of the Federation shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National
Assembly, be exercised by him either directly or through the Vice- President and Ministers of the Government of the Federation or officers in the public service of the Federation and shall extend the
execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, powers to make laws.
The executive formulates and then implements public policies and executes laws enacted by the Legislature. As stated earlier, this organ of government refers to all agencies and officials of government that get involved in the day-to-day running of the business of government. It directs, supervises and coordinates the policies, maintains law and order, promotes social services as well as initiates legislation, among other things.
Self-Assessment Exercise (SAE) 3.1
Examine the composition, types and functions of the Executive
3.2.1 Composition of Legislature
This is an arm of government composed of honorable men and women who are elected from various constituencies (either federal or state) to represent the people in the parliament. In Nigeria, the legislature at the central is called National Assembly, which is made up of two chambers: the Senate and the House of Representatives. In the United States of America, the body is called the Congress while in Britain, it is known as Parliament, comprising the House of Commons and the House of Lords.
The two popular types of Executive are Presidential and Parliamentary as practiced by the United States and Britain as exponents. In between these two models, there is the model of French executive that can be called a quasi-parliamentary or quasi-presidential. In the French model of executive, the President is the real executive but the Prime Minister and the cabinet are under his control and, at the same time, they are accountable to the Parliament. So, the French model imbibes some features of both parliamentary and presidential forms of governments. Presidential system is a model in which the executive powers are vested in our person called Mr. President. Section 5(1)(a)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is explicit on this, it says:
Subject to the provisions of this Constitution, the executive powers of the Federation shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National
Assembly, be exercised by him either directly or through the Vice- President and Ministers of the Government of the Federation or officers in the public service of the Federation and shall extend the
execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, powers to make laws.
3.1.3 Functions of Executive
The executive formulates and then implements public policies and executes laws enacted by the Legislature. As stated earlier, this organ of government refers to all agencies and officials of government that get involved in the day-to-day running of the business of government. It directs, supervises and coordinates the policies, maintains law and order, promotes social services as well as initiates legislation, among other things.
Self-Assessment Exercise (SAE) 3.1
Examine the composition, types and functions of the Executive
The Legislature
3.2.1 Composition of Legislature
This is an arm of government composed of honorable men and women who are elected from various constituencies (either federal or state) to represent the people in the parliament. In Nigeria, the legislature at the central is called National Assembly, which is made up of two chambers: the Senate and the House of Representatives. In the United States of America, the body is called the Congress while in Britain, it is known as Parliament, comprising the House of Commons and the House of Lords.
3.2.2 Functions of Legislature
The Legislature’s main function is law-making for the peace, order and good governance of the people. Section 4(2) of the Constitution of the Federal Republic of Nigeria, 1999 (amended) states:
The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative
list………..
However, it must be stated here that legislation is not the only function performed by modern Legislature as they also perform other responsibilities as charged by the constitution, within the purview of the doctrine of checks and balances. For instance, they perform oversight functions on the Executive. Other important functions of the Legislature are: Approval of budget presented by the Executive; Control over finance to ensure compliance by the Executive; Ventilation of grievances of the people they represent, and approval of nominee for appointments into public offices and foreign services.
3.2.3 Types of Legislature
Legislatures are either unicameral or bicameral. The issue o f bicameralism has however, gained more importance. A unicameral legislature has only one chamber based upon popular representation and is responsible for the entire function of law making. This kind of legislature is good for smaller countries with relatively homogenous ethnic nationality. On the other hand, a bicameral legislature consists of two chambers, namely, the Upper and the Lower Houses. The lower chamber is generally more popular in character and has a greater say in law making because representation is based on population while that of the upper chamber is based on equal representation. Members of both Upper and Lower Houses are directly elected as in Nigeria and some other countries such as the Senate in the United States. in Britain, members of the Upper House, the House of Lords, are nominated while members of the House of Commons are elected.
In a bicameral legislature, there is many party politics and the process of law making is much more complex as it requires the concurrence of both the Houses to pass bills into laws. In a federation, each component unit has representatives in the upper chambers, which enables their viewpoints also to be represented in the parliament, and which enables them to safeguard their rights. A bicameral legislature easily manages to maintain a balance between the centre and the federating units, which is very essential for the successful functioning o f the federal system.
Discuss Bicameral and Unicameral Legislature.
The Legislature’s main function is law-making for the peace, order and good governance of the people. Section 4(2) of the Constitution of the Federal Republic of Nigeria, 1999 (amended) states:
The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative
list………..
However, it must be stated here that legislation is not the only function performed by modern Legislature as they also perform other responsibilities as charged by the constitution, within the purview of the doctrine of checks and balances. For instance, they perform oversight functions on the Executive. Other important functions of the Legislature are: Approval of budget presented by the Executive; Control over finance to ensure compliance by the Executive; Ventilation of grievances of the people they represent, and approval of nominee for appointments into public offices and foreign services.
3.2.3 Types of Legislature
Legislatures are either unicameral or bicameral. The issue o f bicameralism has however, gained more importance. A unicameral legislature has only one chamber based upon popular representation and is responsible for the entire function of law making. This kind of legislature is good for smaller countries with relatively homogenous ethnic nationality. On the other hand, a bicameral legislature consists of two chambers, namely, the Upper and the Lower Houses. The lower chamber is generally more popular in character and has a greater say in law making because representation is based on population while that of the upper chamber is based on equal representation. Members of both Upper and Lower Houses are directly elected as in Nigeria and some other countries such as the Senate in the United States. in Britain, members of the Upper House, the House of Lords, are nominated while members of the House of Commons are elected.
In a bicameral legislature, there is many party politics and the process of law making is much more complex as it requires the concurrence of both the Houses to pass bills into laws. In a federation, each component unit has representatives in the upper chambers, which enables their viewpoints also to be represented in the parliament, and which enables them to safeguard their rights. A bicameral legislature easily manages to maintain a balance between the centre and the federating units, which is very essential for the successful functioning o f the federal system.
Self-Assessment Exercise (SAE) 3.2
Discuss Bicameral and Unicameral Legislature.
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