Administrative concept: structural and organization of government

Introduction 

Under the 1999 constitution of the Federal Republic of Nigeria, separation of power is a fundamental constitutional principle. Relevant sections of the constitution place each of the basic powers of government in a separate branch. Section 4 deals with the legislative powers; section 5 deals with executive powers and section 6 is concerned with the judicial powers.

The Executive

This is the arm of government vested with the authority to implement execute and enforce laws made by the legislature. The executive is the Centre of government who initiates and executes policies and supervises the day-to-day administration of a state.

Functions of the executive

1. The executive formulates policies.
2. The executive maintains law and order.
3.  Implements the laws made by the legislature.
4.  Military function
5. Making of budget
6. Pardoning of convicts
7. Maintenance of external relationship
8. General administration
9.  It executes initiates bills and recommends them to the legislature for consideration.
10. The executive negotiates for international treaties under the approval of the parliament.

Types of Executives

1.  Single executive (Nigeria, USA).
2. Dual executive (Belgium, UK).

The Legislature; 

Parliamentary Supremacy Parliamentary supremacy means theindependent and unlimited power of the parliament to make, amend or repeal any law on any matter whatsoever in the country. This concept is a legacy of the British Parliamentary democracy, which is now being adopted in many countries of the world. Under an unwritten constitution, it refers to the capacity of the parliament to :i) Pass any law on any matter in the country and ii) Amend or repeal any law in the same way as ordinary legislation, no matter how fundamental the laws to be amended are. This means that the parliament has a transcendental and absolute power, which cannot be limited or confined. As rightly put by Dicey, ―Parliament can do anything except make man a woman or woman a man.‖ It is arguable that Parliament can do so but it would not, because it would be unreasonable. William Blackstone commenting on the parliamentary supremacy of the British parliament said: It had sovereign and uncontrollable authority in making, confirming, enlarging, restraining, abrogating, repealing, reviving and expounding laws concerning matters of all possible denominations This supremacy of the parliament is absolute and no court can invalidate any law made by the parliament according to law. In addition, the powers to make and unmake laws cannot be confined or limited. As rightly put by Lord Edward Coke, CJ thus: ―of power and jurisdiction of parliament for making of law and proceeding by bill, it is so transcendent and absolute that it cannot be confined for causes or person within any bounds.‖ This is the first arm of government vested with the power and authority to make laws. It defines the right duties and obligation of the citizens.

The legislature is given different names in different countries like national/state assembly (Nigeria). Parliament in Britain, congress in US, NASS in Nigeria etc. The legislature can also be one or two houses depending on the constitution of the country.

Functions

1.      Makes laws.

2.      Maintains strict surveillance over the actions of the executive.

3.      Acts as a check on the excesses of the executive.

4.      Sees to the amendment of the constitution.

5.      Controls national finances through budget approval.

6.      Approves all major polices of the executive.

7.      Plays active role in regulating and ratifying international treaties.

8.      Approves appointments

9.      Probes functions and  removal of the president

10.  As a platform  expression of public opinion

Types of Legislature

• Unicameral
• bicameral

Bicameral Legislature

This is the legislature arm that consist of two houses or chambers; i.e the upper and lower house. Examples of countries with bicameral legislature are Nigeria and UK.

Advantages

1. It accommodates different interest groups in either the upper or lower house.
2. It ensures the success of a true federalism.It ensures that bills and legislations are exhaustively discussed.
3.  It prevents arbitrary and whimsical imposition of law on the people by a single house.
4.  It also promotes individual liberties.
5.  It fights and protects the interest of the minorities.

Disadvantages

1.  It leads to unnecessary delay in making laws and passing of bills.
2. It is very exorbitant to operate.
3.  It can lead to unhealthy rivalry between the two houses.
4.  It leads to duplication of functions, which results to waste of human and financial resources.

Unicameral legislature: This is the legislative arm that consists of only one house/chamber.

Advantages

1. It averts unnecessary duplication delays and possible deadlock in passing bills.
2.  It is relatively cheap to operate.
3.  It fastens easy passage of bills.
4.  It is good in times of emergency.

Disadvantages

1. It is not good for the federal system government.
2.  It leads to the oppression of the minorities.
3.  It may lead to bad and ill-divest legislations.
4.  It makes nonsense of democracy.
5. It promotes hasty passage of bills into law.
6.   It may become dictatorial or tyrannical.

Bills: - A bill is a written suggestion for a new law that is presented to a country‘s parliament so that it members can discuss on it before passing it into law.

Types of bills

1. Appropriation bill
2. Money bill
3. Private members bill
4.  Public bill

The stages of passing a Bill into law

 First reading: this is a stage when the proposed law is drafted and presented to the clerk of the house by a minister or at the parliament.

Second reading: this is a stage when the person that brought the bill to the house tries to explain the purpose of the bill to the house.

Committee stage: this is a stage when the bill is referred to a committee depending on the relevance of the bill. At this stage, the bill is considered section by section and amendments proposed and voted for.

Report stage: this is the stage when all the findings of the standing committee or that of the house is reported to the entire house after amendment have been made.

Third reading: this is the final stage of the bill. At this stage, a thorough and careful examination of the bill is taken to ascertain It is credibility before the bill is finally taken to the president or head of state for assent.

The Judiciary:

This is the third arm of government vested with the authority to interpret and apply the laws of the land in a given state when they are broken or violated. They also adjudicate in disputes between the executive and the legislature and between government and the citizens and organization or between people. The judiciary acts as watchdog of the law by making sure that laws made are obeyed and those who refused to obey (offenders) are punished. .

Functions of the Judiciary

  

1. It interprets law to avoid ambiguity.
2. Administers punishment to offenders of the law.
3. Interprets the constitution.
4. It is the Guardian of the constitution
5. It determines election petition
6. It protects the right of citizens
7. It has law-making function
8. Safeguards the rights and liberties of citizens.
9. Adjudicates civil disputes between citizens, individuals, institutions and government.
10. Checks the excesses of both the executive and legislature through It is powers of judicial review.

Note: the judiciary is said to be independents when it has the ability to interpret the laws freely and pass judgment impartially without fear or favour.

Essential characteristics of the judiciary

  

1. Impartiality: the judiciary should be free and impartial in passing judgment of any kind.
2. Permanence: the judiciary stays while legislature and executive comes and goes.
3. Political neutrality: the judiciary should be neutral in politics. The judges can vote but should not engage in partisan politics.
4. Reconciliation: the judiciary reconciles disagreement between the other two arms of government wherever there is problem.
5. Longevity of judicial offices: there should be security of tenure for the judges.
6. Independence; the judiciary should be independent from the absolute control of either the executive or the legislature.

Problems on the independence of the Judiciary

1. Inadequate court facilities such as stationary, light, water, verbatim reporting machine.
2. Political interference by the government in power.
3. Political appointments: the executive arm often influences the appointment of judges.
4. Insufficient personnel.
5. High level of bribery and corruption.
6. Poor working conditions and disobedience to court orders.

Judicial independence and it is importance to a nation

• It helps to defend the rights and liberty of citizens.
• It helps to fight against improper use of power.
• It helps to ensure fair play in the in the adjudication of cases.
• It promotes the appointment of qualified judges based on merit and not on political consideration.
• It helps to protect the constitution of a nation by objectively interpreting it when the need arises.

The Military

The military government of Nigeria is mainly divided into two levels of the federal military government and the state military government with the following organs and structures.

The Head of State/the President

The head of state sometimes called the president is the Commander in Chief of the Nigerian Armed forces. As the head of state he presides over the meeting of the AFRC, the council of state and the council of ministers. It is his duty to appoint and dismiss ministers, ambassadors, high commissioners, chief justice, judges of the Supreme Court High Court judges etc. all subject to the approval by the AFRC.

Armed Forces Ruling Council (AFRC)/Supreme Military Council (SMC)

The SMS with the new nomenclature of the AFRC is the highest legislative organ of the military government in Nigeria. It is composed of the Head of State/the President and Commander in Chief of the Armed Forces who is the chairman, the chief or general staff, the chief and chairman joint chief of staff, the Commandants of the army, navy and the air force popularly called the service chiefs, the IG of police, Justice Minister, Secretary of the Federal Military Government (SFMG/SGF) and the high ranking military officers.

The Council of State

This organ advises the head of state that is the president. It is made up of the Head of State/President as chairman, the Chief of General Staff former Head of State and all state military administrators or governors.

National Council of Minsters

This is the organ that implements the decision and policies made by the AFRC. It is headed by the Head of State/President and assisted by the Chief of General Staff with all Federal Ministers as members.

The State Military Administrator/Governor

The state military administrator/governor is the chief executive and the head of the state military government and the representative of the head of state in the state. He is responsible to the head of the federal military government and the Commander in Chief of the Armed Forces. The military governor performs both the executive and the legislative functions. He is the chairman of the state executive council. He appoints the state commissioners and other state officials.

The State Executive Council

This organ is responsible for the formulation and execution of the state military government, in decision and policies as well as maintenances of law and order in the state. It is headed by the military governor with the commander of the army unit in the state, the state commissioner of police, the secretary to the state military government (SSG), and state commissioners etc. as members.