Proposed Executive Branch Duties

 

**Additions/subtractions welcomed**

This is my attempt to get ordinary Nigerians like you and I to be part of the process of shaping the ongoing debate about restructuring, particularly what we want a new constitution for Nigeria to look like.

Below are the suggested Executive duties I put together (some of the phrases/sentences were taken from Nigeria’s 1999 Constitution) but structurally inspired by the U.S Constitution. The outcome is almost 180-degree different from that contained in the 1999 Constitution because it gives the President less power.

Preamble; Legislative; Executive; Judicial; States; Rights of Nigerians; Land, Mineral & Others; Amendment and Supreme Law are the categories I will be publishing my suggestions under.

Feel free to copy, share, add, subtract and or critic.

Proposed Executive Branch Duties

There shall be for the Federation a President who shall be the Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation who shall serve for a Term of four years and be eligible to serve for another four years.   

Presidential term ends May 29th of the last year in which the four-year Term ends. The National Assembly shall set a date for a Presidential election. 

A President shall not be deemed to be validly nominated unless he nominates another candidate as his associate and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President.   

A person shall be qualified for election to the office of the President if citizen by birth and fourteen years a resident of Nigeria and has attained the age of thirty-five years; has been educated up to at least Secondary School Certificate level or its equivalent.   

A candidate for an election to the office of President shall be deemed to have been duly elected by a simple majority of all eligible voters in all the States and the Federal Capital Territory and has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.   

The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, permanent incapacity or Impeachment.  

Public Office holders under the Executive or Judicial branches of the Federal Republic of Nigeria shall be removed from office on Impeachment for, and Conviction of, Bribery, Treason, Corruption or other high crimes and Misdemeanors. The President shall not pardon a person who is impeached. 

The President or Vice-President shall cease to hold office, if  by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office due to health reasons; and the declaration is verified, after such medical examination as may be necessary, by a medical panel, appointed by the President of the Senate in its report to the President of the Senate and the Speaker of the House of Representatives. The medical panel shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria one of whom shall be the personal physician of the holder of the office concerned; and four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions. Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation. The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report. Executive Council of the Federation is a body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.   

The Office of the Vice-President shall become vacant by reason of death, resignation, impeachment, permanent incapacity or removal by his assumption of the office of President; the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.   

If a person duly elected as President dies or is removed before taking the Oath of Office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he/she shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting.   

If the Offices of the President and Vice President becomes vacant at the same time by any reason specified in this Constitution the National Assembly shall by Law designate a line of Successors to the Office of the President and the manner which he/she shall assume the Office. 

 

Powers of President

Commander-in-Chief of Armed Forces  

Summon Ministers and all other appointees under him for briefs    

Pardon and offer relief for convicted offenders.   

Makes agreements with various countries with the support of the Senate.   

Appoints Federal Judges, Ambassadors, Ministers and other federal appointments directly or indirectly as prescribed by this constitution with the approval of the Senate and can fill vacant appointments when the Senate is on break.    

Report to the Senate on the situation of the country from time to time.   

Enforces the Laws of the Federal Republic of Nigeria.   

Request meetings with Members of the National Assembly when he/she deemed it necessary.  

Receives foreign officials and Ambassadors. 

Enforce the Laws of the Federation. 

Salary

The President, Vice-President, Senators, House of Representatives Members, Ministers and including other public office holders mentioned directly or indirectly by this Constitution shall receive compensation for their services determined by Law by the National Assembly.   

If the National Assembly increased their salary or that of any public office holder, it shall not go into effect until the next election cycle or appointments. 

Oath of Office of the President

I, ………. Do solemnly swear that I will faithfully Execute the Office of the President, that I will bear true allegiance to the Sovereignty of the Nigerian people and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.   

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