CONSTITUTIONAL LIMITS ON THE EXERCISE OF PRESIDENTIAL POWER IN NIGERIA

Abstract

This research sought to interrogate the ramifications of presidential power under the Nigerian constitution and to ascertain what limits, if any, are imposed on the exercise of presidential power in Nigeria. To achieve the overarching aim of this research, the doctrinal research methodology was utilised and the method of data collection was through textual analysis of both primary and secondary source materials, including the Constitution of the Federal Republic of Nigeria 1999 (as Amended) [CFRN] and case law. Amongst other key findings, the paper found that despite the enormous powers conferred on the president, the framers of the CFRN in their wisdom of establishing a limited government imposed crucial limits on the exercise of some of the key powers; and the implication of such limitations is that the president must obtain the approval of other governmental branches before exercising those powers. The paper further observed that the institutional checks on presidential power are not effectively applied and recommended that the other governmental branches, especially the National Assembly (NASS) and the courts should live up to their responsibilities in upholding the separation of powers enshrined in the CFRN.