Section 5 of the Nigerian Constitution: Executive Powers

Section 5 of the Nigerian Constitution: Executive Powers

Executive Powers

5. (1) Subject to the provisions of this Constitution, the executive powers of the Federation –

(a)          shall be vested in the President and may, subject as aforesaid and to the provisions of any law make 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

(b)          shall extend to 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, power to make laws.

(2) Subject to the provisions of this Constitution, the executive powers of a State –

(a)          shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law make by the House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and

(b)          shall extend to the execution and maintenance of this Constitution, all law made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.

(3) The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to –

(a)         impede or prejudice the exercise of the executive powers of the Federation;

(b)         endanger any asset or investment of the Government of the Federation in that State; or

(c)          endanger the continuance of a federal government in Nigeria.

(4) Notwithstanding the foregoing provisions of this section –

(a)         the President shall not declare  a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly sitting in a joint session; and

(b)         except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.

(5) Notwithstanding the provisions of subsection (4) of this section, the President; in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under ruminant threat or danger;

Provided that the President shall, within seven days of actual combat engagement, see the consent of the Senate and the Senate shall thereafter give or refuse the said consent within fourteen days.