Meaning of section 5 (2) of 1999 constitution

What is the Meaning of section 5 subsection two of 1999 Nigeria constitution. In this article I will like to explain the Meaning of section 5 (2) of Nigeria 1999 constitution

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Meaning of section 5 (2) of 1999 constitution

The section 5 subsection 2 of Nigeria 1999 constitution power of executive stated that

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 made by a 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

Power of Nigeria state governors

This section means that:

1 The Governor of a State has the executive powers, similar to the President at the federal level.

2 The Governor is responsible for enforcing the laws and policies of the State.

3 The Governor can exercise these powers directly or through:

I The Deputy Governor

II Commissioners of the Government (e.g. Commissioner of Education, Commissioner of Health)

III Officers in the public service of the State (e.g. civil servants, permanent secretaries)

4 However, the Governor’s powers are subject to:

I The provisions of the Constitution (meaning they cannot act against the Constitution)

II Any laws made by the House of Assembly (meaning they must follow the laws passed by the legislature)

5 The Governor is the chief executive of the State, responsible for implementing and enforcing the laws and policies of the State.

6 They have the authority to make decisions and take action, but must do so within the limits set by the Constitution and the laws passed by the legislature.

7 They can delegate tasks and powers to others, like the Deputy Governor, Commissioners, and public servants, to help carry out their responsibilities.

The statement establishes the Governor as the head of the executive branch at the State level, with the power to lead and manage the State, while also ensuring accountability and checks on their authority.

The key points of this section are:

1. Vesting of State Executive Power:

– The statement says the “executive powers of a State shall be vested in the Governor of that State.”

– This establishes the state Governor as the head of the executive branch at the state level.

2. Exercise of State Executive Power:

– The Governor can exercise these executive powers “either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State.”

– This allows the Governor to directly make executive decisions, or delegate and exercise those powers through the Deputy Governor, state Cabinet members (Commissioners), and other state government officials.

3. Limitations and Legal Provisions:

– However, this is “Subject to the provisions of this Constitution” and “to the provisions of any Law made by a House of Assembly.”

– This means the Governor’s exercise of executive power is still subject to the limitations and requirements set forth in the Nigerian Constitution, as well as any applicable laws passed by the state’s House of Assembly (the state legislature).

In simpler terms, this statement is saying that the executive power of each state government in Nigeria is vested in the office of the state Governor. The Governor has the authority to directly exercise that executive power, or delegate and exercise it through the Deputy Governor, state Cabinet, and other state officials.

But the Governor’s exercise of executive power is not absolute – it remains subject to the constraints and requirements established in the Nigerian Constitution, as well as any relevant laws passed by the state’s House of Assembly. This helps provide checks and balances on the executive authority at the state level.

Some meaning of this section

Subject to the provisions of this Constitution: This means the Governor’s power is not absolute. There might be other parts of the Constitution that limit his power.

Executive powers of a State…shall be vested in the Governor: Similar to the federal level, the Governor is the chief executive officer, responsible for overseeing the state government’s operations.

May…be exercised by him either directly or through the Deputy Governor and Commissioners…: The Governor can choose to handle some duties himself, but he can also delegate tasks to others:

Deputy Governor: The Deputy Governor can take on some of the Governor’s responsibilities.

Commissioners: These are like heads of departments within the state government, and they are responsible for specific areas like education, health, or agriculture.

Officers in the public service: These are state government employees who help implement policies and programs.

Imagine the Governor is the CEO of a smaller company (the state). This law says the CEO has the ultimate authority to run the company, but he can delegate tasks to other important people like the Deputy Governor (like a COO), department heads (Commissioners), and other employees (public service officers).

Conclusion

The Governor has the most power within the state government, but it’s not unlimited.

The Governor can choose to handle things himself or delegate tasks to others.

There are different levels of people who help the Governor run the state government.

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

This section is saying that:

1 The executive powers of the Governor (mentioned earlier) also include the responsibility to:

I Enforce and implement this Constitution (at the State level)

II Execute and maintain all laws passed by the House of Assembly (the State legislature)

III Handle all matters that fall within the legislative powers of the House of Assembly (i.e., matters that the House of Assembly has the authority to make laws about)

2 The Governor is responsible for putting into effect and upholding the Constitution, laws, and policies of the State.

3 This includes carrying out the laws and policies passed by the House of Assembly, as well as handling any matters that fall within the legislature’s authority.

4 The Governor is the chief executive of the State, responsible for ensuring that the laws and Constitution are implemented and enforced at the State level.

This statement emphasizes the Governor’s role as the chief executive of the State, responsible for implementing and enforcing the laws and Constitution of the State, and ensuring that the State is run efficiently and effectively.

The key points of these sections are:

1. Execution and Maintenance of the Constitution and State Laws:

– The statement says the Governor’s executive powers “shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of that State.”

– This means the Governor is responsible for implementing and upholding the Nigerian Constitution, as well as all the laws passed by the state’s House of Assembly (the state legislature).

2. Matters within the State House of Assembly’s Legislative Jurisdiction:

– The Governor’s executive powers also extend “to all matters with respect to which the House of Assembly has for the time being power to make laws.”

– This indicates the Governor’s executive authority covers all areas where the state’s House of Assembly has the legislative power to enact laws. In simpler terms, this part of the statement is saying that the Governor’s executive powers are not limited to just the Governor’s own direct decisions and actions. Rather, the Governor’s executive authority extends to:

1) Ensuring the Constitution and all laws passed by the state’s House of Assembly are properly executed and maintained within that state.

2) Overseeing all matters that fall within the state House of Assembly’s legislative jurisdiction, even if the House of Assembly has not actually passed a law on that matter yet.

This gives the Governor a broad scope of executive power to administer the state government and ensure the laws and Constitution are faithfully enforced, across the full range of the state legislature’s lawmaking authority.

These are the breakdown of this section

b) shall extend to… This means the Governor’s job includes:

Execution and maintenance of this Constitution: Similar to the President, the Governor is responsible for ensuring the Constitution is followed and upheld within his state.

All laws made by the House of Assembly of that State: The Governor is responsible for implementing the laws passed by the state’s House of Assembly.

All matters with respect to which the House of Assembly has for the time being power to make laws: This is a broad category. It basically means the Governor’s executive power covers anything the state House of Assembly has the authority to make laws about.

Here’s an analogy of this section

Imagine the state laws are like recipes specific to that state, and the Constitution is the main instruction manual for running the country. This law says the Governor’s job is to make sure those state recipe-like laws (passed by the House of Assembly) are followed correctly, all while following the overall instructions of the Constitution (instruction manual). The Governor’s power applies to anything the state House of Assembly has the authority to make laws about.

Noted in this section

1 The Governor’s job is to put the state laws and the Constitution into action within his state.

2 This gives the Governor broad authority to manage the state government’s day-to-day operations.

3 The Governor’s power is still limited to areas where the state House of Assembly has the right to make laws.

4 This creates a system of checks and balances between the federal government and the state governments in Nigeria.