![]() Today, all constitutional democracies have settled on separation of power as a fundamental cornerstone of the rule of law. If the entire power of government is concentrated in one person or organ, then, there is strong possibility of abuse and tyranny. ![]() As Montesquieu rightly observed centuries ago, the only way to guarantee the liberty and freedom of the people is to ensure that power is not concentrated in one person or organ. The rule of law, both from a constitutional law and administrative law conceptions, implies the separation of power. This raises problem for the rule of law in a polity. The definition of Executive Orders as rules issued by the President that have legal effect, raises issues about the nature of Executive Orders. It is important to also analyze the constitutionality and legality of these Executive Orders within the context of the tension between a commitment to efficiency and a commitment to rights. So, to understand the criticisms and the rebuttals, it is necessary to put these orders in the proper contexts defined by how the constitution structures the relationship between the President as Chief Executive and other branches of Government. Therefore, our courts have not directly pronounced on them. The problem is that we don’t have a practice of issuing executive orders. It believed that these orders were in conformity with the functions and practice of the high office of the President of the Federal Republic of Nigeria and in accordance with the practice of constitutional democracy. The presidency of course denied such imputation. These critics considered the order a presidential overreach and even a deliberate attempt at undermining the exercise of legislative and judicial powers under the constitution. The opposition Peoples Democratic Party (PDP) has flayed the order as targeted against political opponents. Executive Order 6 has provoked harsh criticisms from politicians and human rights advocates. Previous orders have focused on administration of public procurement, especially as it deals with purchase of Nigerian goods and services, registration of businesses, taxes and other aspects of ease of doing business in Nigeria. 6 of 2018, affecting assets connected with corruption and other related offences. Recently, the Nigerian presidency issued an executive order, Presidential Order No. Executive Orders can be described as “a rule of order issued by the President to the executive branch of government and having the force of law”. ![]() These circulars have doubtful legal effect and are not readily enforceable by the courts. Again, these circulars are signed by the SGF and not the President. The fundamental difference between the Executive Orders and these service-wide circulars is that the latter do not derive from Section 5 of Powers of the President. The closest we came to Executive Orders were the so-called ‘General Circulars’ issued by the Secretary to Government of Nigeria to guide the public service of the Federation. ![]() Many of those orders bear the signature of Vice President acting as President. As at the last count, the Buhari presidency has issued six of such orders. Before President Buhari came to power, no civilian president issued an Executive Order. Since this administration, Nigerian constitutional jurisprudence has witnessed a little transformation.
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