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Federalism and Political Problems in Nigeria Thes Is
/V4/0 FEDERALISM AND POLITICAL PROBLEMS IN NIGERIA THES IS Presented to the Graduate Council of the North Texas State University in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Olayiwola Abegunrin, B. S, Denton, Texas August, 1975 Abegunrin, Olayiwola, Federalism and PoliticalProblems in Nigeria. Master of Arts (Political Science), August, 1975, 147 pp., 4 tables, 5 figures, bibliography, 75 titles. The purpose of this thesis is to examine and re-evaluate the questions involved in federalism and political problems in Nigeria. The strategy adopted in this study is historical, The study examines past, recent, and current literature on federalism and political problems in Nigeria. Basically, the first two chapters outline the historical background and basis of Nigerian federalism and political problems. Chapters three and four consider the evolution of federal- ism, political problems, prospects of federalism, self-govern- ment, and attainment of complete independence on October 1, 1960. Chapters five and six deal with the activities of many groups, crises, military coups, and civil war. The conclusions and recommendations candidly argue that a decentralized federal system remains the safest way for keeping Nigeria together stably. TABLE OF CONTENTS Page LIST OF TABLES0.0.0........................iv LIST OF FIGURES . ..... 8.............v Chapter I. THE HISTORICAL BACKGROUND .1....... Geography History The People Background to Modern Government II. THE BASIS OF NIGERIAN POLITICS......32 The Nature of Politics Cultural Factors The Emergence of Political Parties Organization of Political Parties III. THE RISE OF FEDERALISM AND POLITICAL PROBLEMS IN NIGERIA. ....... 50 Towards a Federation Constitutional Developments The North Against the South IV. -
Nigeria's Constitution of 1999
PDF generated: 26 Aug 2021, 16:42 constituteproject.org Nigeria's Constitution of 1999 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:42 Table of contents Preamble . 5 Chapter I: General Provisions . 5 Part I: Federal Republic of Nigeria . 5 Part II: Powers of the Federal Republic of Nigeria . 6 Chapter II: Fundamental Objectives and Directive Principles of State Policy . 13 Chapter III: Citizenship . 17 Chapter IV: Fundamental Rights . 20 Chapter V: The Legislature . 28 Part I: National Assembly . 28 A. Composition and Staff of National Assembly . 28 B. Procedure for Summoning and Dissolution of National Assembly . 29 C. Qualifications for Membership of National Assembly and Right of Attendance . 32 D. Elections to National Assembly . 35 E. Powers and Control over Public Funds . 36 Part II: House of Assembly of a State . 40 A. Composition and Staff of House of Assembly . 40 B. Procedure for Summoning and Dissolution of House of Assembly . 41 C. Qualification for Membership of House of Assembly and Right of Attendance . 43 D. Elections to a House of Assembly . 45 E. Powers and Control over Public Funds . 47 Chapter VI: The Executive . 50 Part I: Federal Executive . 50 A. The President of the Federation . 50 B. Establishment of Certain Federal Executive Bodies . 58 C. Public Revenue . 61 D. The Public Service of the Federation . 63 Part II: State Executive . 65 A. Governor of a State . 65 B. Establishment of Certain State Executive Bodies . -
Legislators on Executive-Branch Boards Are Unconstitutional, Period
LEGISLATORS ON EXECUTIVE-BRANCH BOARDS ARE UNCONSTITUTIONAL, PERIOD Douglas Laycock* Forthcoming in WILLIAM & MARY BILL OF RIGHTS JOURNAL volume 28 ABSTRACT The Virginia General Assembly has enacted increasingly frequent exceptions to its statute prohibiting legislators from serving on executive-branch boards. But these exceptions are clearly unconstitutional. Appointing legislators to executive- branch boards violates any meaningful conception of separation of powers. The only purpose is to intrude legislative influence into the daily workings of the executive branch. Such appointments violate Virginia’s Separation of Powers Clause as interpreted by the Virginia Supreme Court. They even more clearly violate what I will call the Personal Separation Clause, which prohibits any person from exercising the powers of two branches of government at the same time. The *Robert E. Scott Distinguished Professor of Law and Professor of Religious Studies, University of Virginia, and Alice McKean Young Regents Chair in Law Emeritus, University of Texas. I am grateful to A.E. Dick Howard for helpful comments on an earlier draft and to James Hasson for research assistance. All websites cited were last visited on September 9, 2019. An earlier version of this Article circulated anonymously. I wrote anonymously because my wife was at that time President of the University of Virginia. I was unwilling to run the risk that any legislator or government official might blame her or the University for what I wrote, or that any such official might assume that she or the University put me up to writing it. I kept the project entirely secret from her; I wanted her to have not just plausible deniability, but actual, truthful, and absolute deniability. -
Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law
Emory Law Journal Volume 66 Issue 6 2017 Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law Alexander Volokh Emory University School of Law Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Part of the Law Commons Recommended Citation Alexander Volokh, Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law, 66 Emory L. J. 1391 (2017). Available at: https://scholarlycommons.law.emory.edu/elj/vol66/iss6/3 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. VOLOKH GALLEYPROOFS3 6/19/2017 10:58 AM JUDICIAL NON-DELEGATION, THE INHERENT-POWERS COROLLARY, AND FEDERAL COMMON LAW Alexander Volokh* ABSTRACT On paper, the non-delegation doctrine, with its demand that congressional delegations of power be accompanied by an “intelligible principle,” looks like it might impose some constraints on Congress’s delegations of power. In practice, it looks like it doesn’t. But this disconnect isn’t as stark as it appears: a longstanding but often ignored branch of the doctrine provides that the intelligible-principle requirement is significantly relaxed, or even dispensed with entirely, when the delegate has independent authority over the subject matter. I call this the “Inherent-Powers Corollary.” Not only that: even when the delegate lacks independent authority over the subject matter, the intelligible-principle requirement is still relaxed when the subject of the delegation is interlinked with an area where the delegate has independent authority. -
Policy Statement
Policy Statement Policy Statement on Judicial Discretion and Mandatory Sentencing Prepared by Ohio Judicial Conference Criminal Law & Procedure Committee With increasing frequency, members of the General Assembly are introducing legislation that proposes to limit judicial discretion by specifying the penalty courts must impose for specified offenses. Mandatory sentences have been proposed for a wide variety of offenses, ranging from OVI and other vehicular offenses to animal cruelty. The Ohio Judicial Conference has adopted the following policy as guidance to the General Assembly and to the Judicial Conference in reviewing future legislation regarding mandatory sentencing. The Ohio Judicial Conference supports the proposition that the proper administration of justice requires that judges exercise discretion in all judicial proceedings, including criminal sentencing. The judicial process seeks to do that which is morally right, or just, in individual cases. If judges are to fulfill their constitutional duty to secure just results for the people of Ohio, judges need the flexibility to fashion appropriate sentences given the particular facts and circumstances of individual crimes. Judges are uniquely positioned to advance the interests of justice in criminal sentencing. Judges have the legal training, and accumulate the experience necessary, to develop fair, impartial, and consistent sentencing patterns. Through their training and experience, judges develop the reasoning skills needed to weigh circumstances and make fair judgments. By repeatedly applying the law to diverse fact patterns, judges develop a keen sense of what is a fair and proportionate criminal sanction in individual cases. Inevitably, the experience judges acquire in criminal sentencing brings with it, too, unique insights into the consequences that particular sentences will have upon individual offenders, their victims, and the general public. -
The Theory of Separation of Powers in Nigeria: an Assessment
An International Multidisciplinary Journal, Ethiopia Vol. 6 (3), Serial No. 26, July, 2012 ISSN 1994-9057 (Print) ISSN 2070--0083 (Online) DOI: http://dx.doi.org/10.4314/afrrev.v6i3.9 The Theory of Separation of Powers in Nigeria: An Assessment (Pp. 127-134) Ogoloma, Fineface - Institute of Foundation Studies, Rivers State University of Science and Technology P. M. B. 5080, Port Harcourt, Rivers State, Nigeria E-mail: [email protected]. Abstract The Theory of Separation of Powers means that, a different body of persons is to administer each of the three departments of government. That no one of them is to have a controlling power over either of the others. For the purpose of preserving the liberty of the individual and for avoiding tyranny separation of powers is necessary. In Nigeria, how has this theory been effective either during the military rules or the civilian administrations? This study is going to examine the working of separation of powers in Nigeria. Introduction The guarantee of liberty in any given government to the people is the practice of the theory of separation of powers. This theory according to Gettel, implies that, the three functions of the government ―should be performed by different bodies of persons; each department (the legislature, the executive and judiciary) limited to its own sphere of action, and within that sphere should be independent and supreme (Chaturvedi; 2006:282). The theory of separation of powers is predicated on the premise that, if a single group holds all the three powers of the government, they are bound to have unlimited powers. -
General Assembly Distr.: General 22 January 2021
United Nations A/AC.109/2021/2 General Assembly Distr.: General 22 January 2021 Original: English Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Anguilla Working paper prepared by the Secretariat Contents Page The Territory at a glance ......................................................... 3 I. Constitutional, legal and political issues ............................................ 4 II. Budget ....................................................................... 5 III. Economic conditions ............................................................ 6 A. General ................................................................... 6 B. Tourism .................................................................. 7 C. Financial services .......................................................... 7 D. Agriculture and fisheries .................................................... 8 E. Infrastructure .............................................................. 9 F. Transportation and communications ........................................... 9 IV. Social conditions ............................................................... 10 A. General ................................................................... 10 B. Education ................................................................. 10 C. Public health .............................................................. 11 D. Crime and public safety .................................................... -
From Grassroots to the Airwaves Paying for Political Parties And
FROM GRASSROOTS TO THE AIRWAVES: Paying for Political Parties and Campaigns in the Caribbean OAS Inter-American Forum on Political Parties Editors Steven Griner Daniel Zovatto Published by Organization of American States (OAS) International IDEA Washington, D.C. 2005 © Organization of American States (OAS) © International IDEA First Edition, August, 2005 1,000 copies Washinton, D.C. The opinions expressed in this document are those of the authors and do not necessarily reflect the opinions of the Organization of American States or the International Institute for Democracy and Electoral Assistance. Editors: Steven Griner Daniel Zovatto ISBN 0-8270-7856-4 Layout by: Compudiseño - Guatemala, C.A. Printed by: Impresos Nítidos - Guatemala, C.A. September, 2005. Acknowledgements This publication is the result of a joint effort by the Office for the Promotion of Democracy of the Organization of American States, and by International IDEA under the framework of the Inter-American Forum on Political Parties. The Inter-American Forum on Political Parties was established in 2001 to fulfill the mandates of the Inter-American Democratic Charter and the Summit of the Americas related to the strengthening and modernization of political parties. In both instruments, the Heads of State and Government noted with concern the high cost of elections and called for work to be done in this field. This study attempts to address this concern. The overall objective of this study was to provide a comparative analysis of the 34 member states of the OAS, assessing not only the normative framework of political party and campaign financing, but also how legislation is actually put into practice. -
Anguilla-Benchmarks-Report-2020.Pdf
ANGUILLA COMMONWEALTH PARLIAMENTARY ASSOCIATION BENCHMARKS FOR DEMOCRATIC LEGISLATURES FINAL REPORT CONTENTS SUMMARY i BACKGROUND 1 POLITICAL CONTEXT 2 ELECTIONS 4 INFRASTRUCTURE, ORGANISATION AND MANAGEMENT 5 COMMITTEES 9 POLITICAL PARTIES & OPPOSITION 10 PARLIAMENTARY SERVICE 11 FUNCTIONS AND PROCESS OF THE LEGISLATURE 12 OVERSIGHT FUNCTIONS 14 REPRESENTATIONAL FUNCTIONS 15 ACCESSIBILITY, OPENNESS AND ENGAGEMENT 16 ETHICAL GOVERNANCE 18 CONSOLIDATED LIST OF RECOMMENDATIONS 19 SUMMARY The Clerk of the House and his team should be commended for the tremendous efforts and dedication taken to improve the administration and procedural processes of the House of Assembly. However, it is extremely concerning that overall the Assembly fails to meet the majority of Recommended Benchmarks for Democratic Legislatures. The Assembly remains handicapped by its limited access to financial and administrative resources, outdated Standing Orders, poor public engagement and little to no transparency or independence. The existing parliamentary services are wholly inadequate to meet current or future requirements. Although the House of Assembly is a relatively new body, this should be deemed a factor, but not an excuse for its current situation. Whereas there is optimism that improvements may result as part of the ongoing constitutional reform process, this is insufficient on its own to ensure the House of Assembly functions to a minimum standard. Nevertheless, the people of Anguilla demonstrate a drive and determination to strengthen their governance institutions and will seek to develop and enhance their ‘People’s House’. i BACKGROUND In 2018 the CPA completed a consultation and review process that resulted in the adoption of updated Recommended Benchmarks for Democratic Legislatures. The benchmarks provide a minimum standard and a guide on how a Parliament should be constituted and how it should function. -
The Rule of Law, the Separation of Powers and Judicial Independence in Canada
Chapter 48 The Rule of Law, the Separation of Powers and Judicial Independence in Canada Warren J. Newman* The Constitution of Canada was modelled on the British tradition of unwritten principles and conventions governing the exercise of legal power to produce a constitutional mon- archy, parliamentary democracy, and responsible government, as well as the American paradigm of constitutional supremacy embodied in written provisions, required in turn by the federal rather than unitary structure of the state. This hybrid model is reflected in the Canadian understanding of the rule of law, which is embodied implicitly in the preamble to the Constitution Act, 1867— Canada was to enjoy ‘a Constitution simi- lar in Principle to that of the United Kingdom’—and explicitly in the preamble to the Canadian Charter of Rights and Freedoms (itself a part of the Constitution Act, 1982)— ‘Whereas Canada is founded upon principles which recognize the supremacy of God and the rule of law’. The idea of the rule of law is also intrinsic to provisions such as section 7 of the Charter, guaranteeing the right to life, liberty, and security of the per- son and the right not to be deprived thereof ‘except in accordance with the principles of fundamental justice’; section 15, protecting and expanding upon Dicey’s1 understanding * BA, BCL, LL.B (McGill), LL.M (Osgoode), Ad E; of the Bars of Quebec and Ontario; Senior General Counsel, Constitutional, Administrative and International Law Section, Department of Justice of Canada. The views expressed in this chapter do not bind the Department. 1 Albert Venn Dicey, Introduction to the Study of the Law of the Constitution, 10th ed. -
The Nature and Function of Prosecutorial Power, 106 J
Journal of Criminal Law and Criminology Volume 106 | Issue 3 Article 2 Summer 2016 The aN ture and Function of Prosecutorial Power Jordan A. Sklansky Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/jclc Recommended Citation Jordan A. Sklansky, The Nature and Function of Prosecutorial Power, 106 J. Crim. L. & Criminology (2016). http://scholarlycommons.law.northwestern.edu/jclc/vol106/iss3/2 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 2. SKLANSKY 3/31/2017 2:20 PM 0091-4169/16/10603-0473 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 106, No. 3 Copyright © 2017 by David Alan Sklansky Printed in U.S.A. THE NATURE AND FUNCTION OF PROSECUTORIAL POWER DAVID ALAN SKLANSKY* The key to the growing prominence of prosecutors, both in the United States and elsewhere, lies in the prosecutor’s preeminent ability to bridge organizational and conceptual divides in criminal justice. Above all else, prosecutors are mediating figures, straddling the frontiers between adversarial and inquisitorial justice, between the police and the courts, and between law and discretion. By blurring these boundaries, prosecutors provide the criminal justice system with three different kinds of flexibility— ideological, institutional, and operational—and they strengthen their own hands in a legal culture that increasingly disfavors institutional rigidity and hard-and-fast commitments. At the same time, though, the mediating role of the prosecutor frustrates traditional strategies for holding government accountable. -
The American Prosecutor - Power, Discretion, and Misconduct
American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 2008 The American Prosecutor - Power, Discretion, and Misconduct Angela J. Davis American University Washington College of Law, [email protected] Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Criminal Law Commons, Law Enforcement and Corrections Commons, and the Legal Profession Commons Recommended Citation Davis, Angela J., "The American Prosecutor - Power, Discretion, and Misconduct" (2008). Articles in Law Reviews & Other Academic Journals. 1396. https://digitalcommons.wcl.american.edu/facsch_lawrev/1396 This Article is brought to you for free and open access by the Scholarship & Research at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Articles in Law Reviews & Other Academic Journals by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. I t 'p fr:#t '.4 A' * .1 .4 , EDITOR'S NOTE: This article is excerpted, with violent sex offense-a rare occurrence in these types of permission of Oxford University Press, Inc., from cases. ARBITRARY JUSTICE: The Power of the American The Supreme Court ultimately found that the prosecu- Prosecutor, by Angela J. Davis. Copyright © 2007 by tors in Banks's case engaged in misconduct by failing to Oxford University Press, Inc. The book is available in turn over exculpatory evidence, but the prosecutors were bookstores, at www.oup.com/us, or by calling (800) neither punished nor reprimanded.