Politics of Nigeria
The federal government of Nigeria is composed of three distinct arms: the executive, the legislative, and the judicial, whose powers are vested and bestowed upon by the Constitution of the Federal Republic of Nigeria. One of the primary functions of the constitution is that it provides for separation and balance of powers among the three branches and aims to prevent the repetition of past mistakes made by the government. Other functions of the constitution include a division of power between the federal government and the states, and protection of various individual liberties of the nation's citizens.
Nigerian politics take place within a framework of a federal and presidential republic and a representative democracy, in which the president holds executive power. Legislative power is held by the federal government and the two chambers of the legislature: the House of Representatives and the Senate. The legislative arm of Nigeria is responsible for and possesses powers to legislate laws. Together, the two chambers form the law-making body in Nigeria, called the National Assembly, which serves as a check on the executive arm of government. The National Assembly of Nigeria is the democratically elected body that represents the interests of the Federal Republic of Nigeria and its people, makes laws for Nigeria, and holds the Government of Nigeria to account. The National Assembly is the nation's highest legislature, whose power to make laws is summarized in chapter one, section four of the 1999 Nigerian Constitution. Sections 47–49 of the 1999 Constitution state, among other things, that "There shall be a National Assembly for the federation which shall consist of two chambers: the Senate and the House of Representatives." The Economist Intelligence Unit rated Nigeria a "hybrid regime" in 2019. The federal government, state, and local governments of Nigeria aim to work cooperatively to govern the nation and its people. Nigeria became a member of the British Commonwealth upon its independence from British colonial rule on 1 October 1960.
Legal system
The law of Nigeria is based on the rule of law, the independence of the judiciary, and British common law. The common law in the legal system is similar to common-law systems used in England and Wales and other Commonwealth countries. The constitutional framework for the legal system is provided by the Constitution of Nigeria.The major influences on Nigeria's legal system are:
- English law, derived from its colonial past with Britain: Nigeria belongs to the common law family. This is because English law makes up a substantial part of the Nigerian law. Nigeria, though now a sovereign nation, was once under British rule. Upon gaining independence in 1960, numerous English laws were copied, and most of the laws have since been repealed in England. Nigeria also adopted all laws that were in force in England on 1 January 1900.
- Common law, case law has developed since colonial independence; common law can be defined as that unwritten body of laws based on judicial precedents. For unusual and irregular occurring cases where the result can in no way be resolved by the basis of current laws or written law regulations, common law guides the decision-making process.
- Customary law, which is derived from Indigenous traditional norms and practices. In Nigeria, customary law can be divided, in terms of nature, into two different classes, which are the ethnic or non-Muslim customary law and the Muslim law. The ethnic customary law in Nigeria is Indigenous, and this system of customary law applies and is valid to members of a specific ethnic group. Muslim law is a religious law that is solely based on the Muslim faith and applies to the members of such faith. In the nation of Nigeria, it is not an indigenous law; it is a received customary law introduced into the country as part of Islam.
- Sharia law, law used in some states in the northern region. In two principal respects the sharia law greatly differs from Western systems of law. Sharia law possesses a much wider scope, since it regulates the individual's relationship, not only with his or her neighbors and the state, which is perceived as the limit of most other legal systems, but also with God and with the individual's own conscience. Ritual practices—such as daily prayers, almsgiving, fasting, and pilgrimage —are an integral part of sharia law and usually occupy the first chapters in legal manuals. The sharia is concerned as much with ethical standards as with legal rules, indicating not only what an individual is entitled, or bound to do in law, but also what one ought, in conscience, to do, or to refrain from doing.
Legislation as a source of Nigerian law
Acts of British parliament, popularly referred to as statutes of general application during the period before independence.
Local legislation. There were other sources which, though subsumed in Nigerian legislations, were distinctly imported into the Nigerian legal systems. They are called the criminal and penal codes of Nigeria.
Nigerian statutes as sources of Nigerian law
Nigerian legislation may be classified as follows: The colonial era until 1960, post-independence legislation 1960–1966, the military era 1966–1999.Post-independence legislation 1960–1966
The grant of independence to Nigeria was a milestone in the political history of the country. This period witnessed the consolidation of political gains made during the colonial era. Politicians genuinely focused their lapses on the polity. It achieved for herself a republican status by shaking off the last vestiges of colonial authority. However, despite the violent violation of its provisions, the constitution remained the subsequent administrations.Military regime, 1966–1999
The Armed Forces of Nigeria assumed the rulership of Nigeria from 1966–1979 and 1983–1999. The breakdown of law and order which occurred in the period under review would not be attributed to any defect in the Nigerian legal system. Corrupt practices both in the body politics and all aspects of Nigerian life eroded efficiency and progress. There were eight coups generally; five were successful and three were unsuccessful.Executive branch
The president is elected through universal suffrage which is regarded as more than a privilege extended by the state to its citizenry, and it is rather thought of as an inalienable right that inheres to every adult citizen by virtue of citizenship. In democracies it is the primary means of ensuring that governments are responsible to the governed. The president is head of both the state and government, and heads the cabinet of Nigeria, the Federal Executive Council. The constitution also sanctions the president's status as commander-in-chief of the armed forces in Section 130. The constitution of 1999 vests all the executive powers of the federation in the person of the president which can be exercised directly by him or his vice president or members of his cabinet. Section 5 provides that the executive powers of the president extends to the maintenance of the provisions of the constitution, acts of the national assembly and on items on which the national assembly has power for the time being to make law. The president is elected to see that the Nigerian Constitution is enacted and that the legislation is applied to the people. The elected president is also in charge of the nation's armed forces and can serve no more than two four-year elected terms. The current president of Nigeria is Bola Tinubu, who was elected in 2023, and the current vice president is Kashim Shettima.The executive branch is divided into Federal Ministries, each headed by a minister appointed by the president, Federal Ministries are those civil service departments which were made responsible for delivering various types of government service and each ministry is headed by a permanent secretary who reports to a minister in the Federal Cabinet. Nigeria has 24 Federal Ministries. The president must include at least one member from each of the 36 states in his cabinet. The president's appointments are confirmed by the Senate of Nigeria. In some cases, a federal minister is responsible for more than one ministry, or a minister may be assisted by one or more ministers of state. Each ministry also has a permanent secretary, who is a senior civil servant.
The ministries are responsible for various parastatals, such as universities, the National Broadcasting Commission, and the Nigerian National Petroleum Corporation. However, some parastatals are the responsibility of the Office of the Presidency, such as the Independent National Electoral Commission, the Economic and Financial Crimes Commission and the Federal Civil Service Commission.
Legislative branch
The legislature is said to be the first among the three arms of government – the legislature, executive, and the judiciary. These arms are characterized by the principle of separation of power as each is supposed to be independent of the other. The legislature derives its powers from the 1999 Constitution in Sections 4 and 4. The legislature is vested with the powers to make laws for the peace, order and good governance of the Federation.“It is also vested with investigatory powers, financial powers, confirmation and impeachment powers. The Legislature is the symbol of democracy all over the world. Under Section 4 of the 1999 Constitution of the Federal Republic of Nigeria , the National Assembly of Nigeria often called NASS is vested with the legislative powers of the Federal Republic of Nigeria. That is the power to make laws for the peace, order, and good government of the Federation with respect to any matter included in the Exclusive Legislative List and the Concurrent List – a list of 12 items that both NASS and states' house of assembly can legislate on. This legislative power is typically exercised through bills passed by the NASS which are assented to by the president. Bills generally come in two forms – either a private bill which affects private citizens, corporate entities and/or a particular class of people or public bills which affect the general public. A bill can be introduced in either chamber of the NASS by members of the respective chambers or the executive arm of government. The National Assembly of Nigeria has two chambers: the House of Representatives and the Senate. The House of Representatives is the lower chamber of Nigeria's bicameral National Assembly and is presided over by the speaker of the House of Representatives. It has 360 members each of the federal constituencies of the country, who are elected for four-year terms in single-seat constituencies. The Senate, which has 109 members, is presided over by the president of the Senate. A total of 108 members are elected for four-year terms in 36 three-seat constituencies, which correspond to the country's 36 states. One member is selected in the single-seat constituency of the federal capital.
The legislators are elected to either the House of Representatives or the Senate to be representatives of their constituencies and to pass legislation to benefit the public. The legislative process consists of bills being drafted and presented in either of the two chambers. These bills can only become national law once they are approved by the president of Nigeria who can veto bills.
The current president of the Senate is Godswill Akpabio, who was first elected to the senate in 2015, and the speaker of the House is Tajudeen Abbas, he was first elected into the Nigerian House of Representatives in 2011, and was elected speaker in 2023. Each member of the National Assembly of Nigeria can be elected to more than two four-year terms. Recently, the legislative branch has been misusing its position as a check on the power of the president and his cabinet. Legislators have been known to utilize their power for not only law-making, but as a means of political intimidation and a tool to promote individual monetary success.
Senators are paid a salary equivalent to over $2,200 USD a month, supplemented by expenses of $37,500 USD a month.