An Appraisal of Executive Orders in Nigeria (Published)
The President in a presidential system such as Nigeria may issue orders to agents and agencies of the executive branch. These orders may set out the plan and strategy of the government, issue directives or command action relating to functions of the executive arm. On March 18, 2025, President Bola Ahmed Tinubu, in a nationwide broadcast, declared a state of emergency in Rivers State, citing escalating insecurity and political instability. In an unprecedented move, he further announced the suspension of the Governor, Siminalayi Fubara, his Deputy, Mrs. Ngozi Odu, and all members of the Rivers State House of Assembly for a period of six months. This presidential proclamation has since generated widespread public discourse and legal scrutiny, particularly concerning the scope and limits of presidential powers under the emergency provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The paper also discusses the doctrine of separation of power and the constitutional validity of executive orders. The paper focused on the Challenges to the Application of Executive Orders: Presidential Executive Orders 6 (2018) and Presidential Executive order 10 as well as ways by which executive orders can be challenged. This paper also explored the advantages and disadvantages of the use of executive order, as well as stating the status of executive order in the hierarchy of laws. The paper briefly talked about the use of executive order by governors in Nigeria which goes to show that executive order is not only used by the president rather it can be used by the head of the Executive, both in government and in the private sector. It then ends with a conclusion that Executive orders are not statutory laws, Executive orders been made by the president pursuant to an existing Act or authority vested by the legislature on the president or governor as the case may be, is not the president making new laws rather such orders must derive from an existing legislation. There is a significant difference between law making and issuing of executive orders. As advantageous as Executive orders may look like, it is not devoid of disadvantages, it becomes disadvantageous if not done to achieve the good, peace and betterment of society where it (Executive order) intends to thrive. Finally, recommendations are made for transparency and accountability in the use of executive orders. The methodology adopted in arriving at the findings is doctrinal mainly relying on decided cases and existing literature on the subject or related subjects.
Keywords: constitutional validity, executive orders, presidential powers, state of emergency, transparency and accountability.