By Abdullahi Suleiman
As a public policy analyst and certified educator, I was puzzled by the petition submitted by a senator to the National Assembly. Consequently, I consider it necessary to offer my perspective on the matter, using the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as my primary reference.
First, we operate a democratic federal system, and it is important that we carefully understand the structures of government, how they function, and how constitutional issues should be assessed using established legal principles, evidence, and constitutional provisions. When we rely on sentiments and emotions rather than facts and constitutional knowledge, we often adopt an uninformed, knee-jerk approach instead of drawing from the rich political, historical, and constitutional jurisprudence embedded in our legal framework.
Government does not function arbitrarily; it functions through the Constitution. The Constitution remains the cardinal reference point for the conduct of government affairs and the discharge of public responsibilities. It is the foundation upon which all governmental powers and institutions derive their legitimacy.
Permit me to take you into the classroom for a brief constitutional lesson—follow me.
Nigeria operates a democratic federal system of government under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). To properly appreciate how government functions, citizens must understand the constitutional structure of government and the distribution of powers among the various organs and levels of government. Public discourse should be guided by constitutional principles, established legal doctrines, and historical jurisprudence rather than emotions or sentiments.
Government does not function in a vacuum. Every action of government derives its legitimacy from the Constitution, which remains the supreme law of the land. Section 1(1) of the 1999 Constitution (as amended) provides that the Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
To understand this issue, it is important to appreciate the two dimensions of government: the vertical dimension and the horizontal dimension.
The vertical dimension refers to the tiers of government established under the Constitution, namely the Federal Government, State Governments, and Local Governments. Each level of government exercises powers assigned to it by the Constitution and performs distinct constitutional functions.
The horizontal dimension refers to the separation of powers within each level of government. At the Federal and State levels, governmental powers are divided among three arms: the Legislature, the Executive, and the Judiciary. This arrangement promotes accountability, checks and balances, and constitutional governance.
The Nigerian federal system recognizes an autonomous Federal Government and autonomous State Governments, each deriving authority directly from the Constitution. Legislative powers are distributed through the Exclusive Legislative List and the Concurrent Legislative List contained in the Second Schedule to the Constitution.
Matters on the Exclusive Legislative List are reserved exclusively for the National Assembly and include defense, currency, immigration, citizenship, aviation, customs, and other matters of national importance. Matters on the Concurrent Legislative List may be legislated upon by both the National Assembly and State Houses of Assembly, subject to constitutional limitations.
In addition, matters not expressly contained in either the Exclusive or Concurrent Lists are generally regarded as residual matters and fall within the legislative competence of State Governments. These often include local markets, chieftaincy affairs, physical planning, and several aspects of land administration, subject to the provisions of the Land Use Act, which forms part of the Constitution by virtue of Section 315.
At the federal level, the Legislature operates a bicameral system consisting of the Senate and the House of Representatives, collectively known as the National Assembly. Pursuant to Sections 4 and 88 of the Constitution, the National Assembly is empowered to make laws for the Federation and conduct investigations concerning matters within its legislative competence, including the administration of federal ministries, departments, agencies, and corporations funded by public funds appropriated by the National Assembly.
The Executive Arm of the Federal Government consists of the President, Vice President, Ministers, and other federal officials responsible for implementing federal laws and policies.
At the state level, executive authority is vested in the Governor, Deputy Governor, Commissioners, and other officials of the State Government pursuant to Section 5(2) of the Constitution.
The State Legislature operates through a unicameral system known as the State House of Assembly, which exercises legislative powers for the peace, order, and good government of the state pursuant to Section 4(7) of the Constitution. The State House of Assembly is responsible for law-making, appropriation, investigations, and oversight of the State Executive.
The Judiciary functions independently at both federal and state levels. The court hierarchy includes the Magistrate Courts, High Courts, the Court of Appeal, and ultimately the Supreme Court of Nigeria, which remains the final court in the land.
Do the Federal and State Governments Overlap?
The Federal Government and State Governments are constitutionally distinct entities. However, they are expected to cooperate in areas of shared national interest such as security, education, public health, economic development, and emergency management.
While the Federal Government possesses extensive powers in matters assigned to it by the Constitution, State Governments retain substantial autonomy within their constitutional sphere of authority. Neither level of government is intended to usurp the constitutional responsibilities of the other.
Constitutional amendments illustrate one area where both levels must work together. Under Section 9 of the Constitution, amendments require approval by the National Assembly and ratification by not less than two-thirds of the State Houses of Assembly. Consequently, constitutional reform is a collaborative process involving both federal and state legislatures.
Does the National Assembly Have Oversight Powers Over State Governments?
As a general constitutional principle, the National Assembly does not exercise routine oversight over the day-to-day administration of State Governments.
The primary constitutional institution responsible for overseeing a State Executive is the State House of Assembly. State Commissioners, Special Advisers, and other state officials are accountable principally to the Governor and the State Legislature.
However, where a matter involves federal funds, federal agencies, constitutional issues within federal legislative competence, or investigations authorized under Sections 88 and 89 of the Constitution, the National Assembly may exercise powers that indirectly affect activities within a state.
Therefore, while the National Assembly possesses important constitutional powers, it is not the primary oversight institution for State Governments.
Where Should Petitions Against a State Government Be Submitted?
As a general rule, petitions relating to the conduct, actions, expenditures, or policies of a State Government should be directed to the relevant State House of Assembly, anti-corruption agencies, law enforcement authorities, the courts, or other competent institutions depending on the subject matter of the complaint.
The State House of Assembly remains the principal constitutional body empowered to investigate and scrutinize the activities of the State Executive within its jurisdiction.
The essence of constitutional democracy is adherence to due process and established legal procedures. The 1999 Constitution (as amended) provides channels through which grievances may be addressed, rights protected, and governmental actions challenged. Public officials, lawmakers, and citizens alike must ensure that constitutional procedures are followed in pursuing petitions and public complaints.
The rule of law demands that constitutional processes, rather than emotions or political expediency, guide public affairs. Laws are not expressions of sentiment; they are binding rules collectively adopted by the people to govern society in an orderly, just, and democratic manner.
– Mallam Abdullahi Suleiman
abdullahiramt423@gmail.com
