March 24, 2009
The Cross River Movement For Justice condemns the retention of the power of appointment of the Chairman of the Independent National Electoral Commission by the President in the proposed draft recommenation of the electoral reform agenda which the Yaradua,s presidency promised on assumption of office.through an admitted flawed polls that caused national and international uproar.
The Cross River Movement For Justice condemns the retention of the power of appointment of the Chairman of the Independent National Electoral Commission by the President in the proposed draft recommenation of the electoral reform agenda which the Yaradua,s presidency promised on assumption of office.through an admitted flawed polls that caused national and international uproar.
The position of the Federal Executive Council that discussed the recommendations made by the Presidential Committee that recommended the appointment of the Chairman of the Independent National Electoral Commission be vested on the National Judicial Council would compromise the principle of the separation between the three organs of government is balderdash, a bluster. It is threadbare excuse which holds no water because there is no strict and absolute division and compartization of powers and responsibilities in the Constitution.The. Legislative power is vested in the National Assembly' the executive power in the Preident and the judicial power in the Supreme Court and other Courts created under the Constitution On the contrary there numerous instances of duplication and overlapping of powers and responsibilites under the Constitution.
For instance the Judiciary branch of government which is traditionally vested with the power of interpretation of law and settlement of disputes sometimes performs executive acts such as the Chief Justice of Nigeria (Who is the Head of the Federal Judiciary) administering the oaths of allegiance and office on the President.Although the President is the Chief Executive of the Federation he can make law under some exceptional circumstances. The President has the power to amend any existing law or statute to bring it in line with the provision of the Constitution. During the Obasanjo's presidency this power was used extensively. The power of the President to issue executive
orders is a major exception to the doctrine of separation of powers because such orders do not need the consent of the National Assembly . .
The President also has the power to refuse to assent to any law passed by the National Assembly although two-thirds vote of members of the National Assembly may then overide the refusal of the President to assent to such law.
Another fundamental feature of the separation of powers is judicial review. The Courts declare what the law not the Legislative or Executive branches The courts in appropriate cases may even strike down a law enacted by the National Assembly or order the executive to halt enforcement of a law or governmental policy if they determine that the law or policy is at variance with the Constitution.
The oversight jurisdiction and power of the National Assembly is an indication of the quasi judicial function of the National Assembly Under this oversight power' the National Assembly can compel attendance of any body by issuance of summons The National Assembly can order the imposition of fine and adjudge anybody guilty of contempt.
The President appoint justices of the Supreme Court subject to the approval of the Senate It follows that the appointment of the Chairman of the Independent National Electoral Commission by the judiciary branch of government as proposed by the Committee on Electoral reforms is very much in tune with the principle of separation of powers which allows checks and balance and overlapping of authority.
The rejection of this proposal is a pointer of the insincerity of government in reforming the dailed electoral system in Nigeria that has totally emasculated the sovereignty of the people.
* Obono-Obla is a Barrister and Human Rights Activist. He is the Secretary General of Cross River Movement ForJustice.
The position of the Federal Executive Council that discussed the recommendations made by the Presidential Committee that recommended the appointment of the Chairman of the Independent National Electoral Commission be vested on the National Judicial Council would compromise the principle of the separation between the three organs of government is balderdash, a bluster. It is threadbare excuse which holds no water because there is no strict and absolute division and compartization of powers and responsibilities in the Constitution.The. Legislative power is vested in the National Assembly' the executive power in the Preident and the judicial power in the Supreme Court and other Courts created under the Constitution On the contrary there numerous instances of duplication and overlapping of powers and responsibilites under the Constitution.
For instance the Judiciary branch of government which is traditionally vested with the power of interpretation of law and settlement of disputes sometimes performs executive acts such as the Chief Justice of Nigeria (Who is the Head of the Federal Judiciary) administering the oaths of allegiance and office on the President.Although the President is the Chief Executive of the Federation he can make law under some exceptional circumstances. The President has the power to amend any existing law or statute to bring it in line with the provision of the Constitution. During the Obasanjo's presidency this power was used extensively. The power of the President to issue executive
orders is a major exception to the doctrine of separation of powers because such orders do not need the consent of the National Assembly . .
The President also has the power to refuse to assent to any law passed by the National Assembly although two-thirds vote of members of the National Assembly may then overide the refusal of the President to assent to such law.
Another fundamental feature of the separation of powers is judicial review. The Courts declare what the law not the Legislative or Executive branches The courts in appropriate cases may even strike down a law enacted by the National Assembly or order the executive to halt enforcement of a law or governmental policy if they determine that the law or policy is at variance with the Constitution.
The oversight jurisdiction and power of the National Assembly is an indication of the quasi judicial function of the National Assembly Under this oversight power' the National Assembly can compel attendance of any body by issuance of summons The National Assembly can order the imposition of fine and adjudge anybody guilty of contempt.
The President appoint justices of the Supreme Court subject to the approval of the Senate It follows that the appointment of the Chairman of the Independent National Electoral Commission by the judiciary branch of government as proposed by the Committee on Electoral reforms is very much in tune with the principle of separation of powers which allows checks and balance and overlapping of authority.
The rejection of this proposal is a pointer of the insincerity of government in reforming the dailed electoral system in Nigeria that has totally emasculated the sovereignty of the people.
* Obono-Obla is a Barrister and Human Rights Activist. He is the Secretary General of Cross River Movement ForJustice.
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