Following mix reactions that usually greeted the use of ‘executive orders’ by president and Governors of states , Barrister Femi Falana, Senior Advocate of Nigeria(SAN) and Chairman, Nigeria Bar Association,( NBA), Ado Ekiti Branch, Barrister Tunji Fasanmi have given positions of law on ‘Executive Orders’ being used by State Governor’s and President as policies of government.
In a separate interview, the duo: Barrister Femi Falana, (SAN) and Barrister Tunji Fasanmi recently on whether the use of Executive Orders by State Governor’s and the President of the Country are legally backed up by constitution.
Barrister Femi Falana, (SAN) in his opinion on the use of Executive Orders, which has generated arguments in some quarters, revealed, that, “section 5 of the Nigerian Constitution vested the Executive powers of the Nigerian Federation on the President and the State Governor’s”.
Falana in his submission, argued that “section 315 of the 1999 Nigerian Constitution also empowers and confers on the President the power to modify federal laws while a State Governor similarly has the power to modify state laws”, he submitted.
Similarly, the Chairman, Nigeria Bar Association, (NBA), Ado Branch, Barrister Tunji Fasanmi in his own view, stated that, “Executive Order is not alien to the Nigerian system even though it originates from the United States of America system of government”.
He said that Executive Order as it is fondly called, is not specified in the Country’s constitution and added, that, in case of Nigeria as a Country, that the President or Governor’s of any State are however empowered to make certain laws.
Fasanmi further opined that, “it is not the function of the President or Governor’s to make laws but the legislators in State House of Assemblies and National Assembly members. He pointed out that there are instances where the President or the Governor’s will make certain declaration for emergency purposes”.
Fasanmi buttressing his point, said that, the issue of Executive Orders has come to stay because the President and the Governor’s see it as a rigorous process for them going to the National / State Assemblies each time there is a need for them to exercise some of their Executive powers over the people hence the introduction of the Executive Order as a legal term.
Fasanmi however call for restrain on the part of the President and Commander in Chief of the Country and that of the State Governor’s in making that Executive declaration which must be observed not in contrary to the provisions of the constitution or any existing law of the Country so as not to allow it from being challenged in the court of law.
Fasanmi stressed further that, any Executive Order issued by either the President or the State Governor has limitations, which is about 60 days from the date of it’s issuance.
The NBA Chairman, Ado Branch defined Executive Order as the proclamation made by the President or Governor, giving a command on what to happen, however advised the President of the Country and the State Governor’s to consider the masses before making use of their Executive Orders so that unnecessary hardships will not be melted on them.
He also urged the Governor’s not to contradict any existing law or legislature and avoid creating problems to the National Justice system in the event of using Executive Orders on the people who elected them into office.