The Executive, Legislature and Judiciary

The Executive, Legislature and Judiciary

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Rapid summary for last-minute revision before your exam.

The Executive implements laws and runs the day-to-day business of government. At the federal level it is headed by the President (assisted by the Vice-President, ministers, civil servants, and the police); at the state level by the Governor; and at the local level by the Chairman. The Legislature makes laws. The federal legislature is bicameral: the Senate with 109 members (three per state, one per FCT senatorial district) and the House of Representatives with 360 members based on population. State legislatures are unicameral (House of Assembly). The Judiciary interprets laws, with the Chief Justice of Nigeria (CJN) heading the Supreme Court, followed by the Court of Appeal, High Courts, and Magistrate/Customary courts. Together they operate on separation of powers with checks and balances — the Legislature can impeach, the Executive appoints judges and assents to bills, and the Judiciary declares laws unconstitutional through judicial review.

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🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

Origin of the Three Arms

The structure derives from the doctrine of separation of powers, popularised by Montesquieu in The Spirit of the Laws (1748), and embedded in the 1999 Constitution of Nigeria. Its purpose is to prevent tyranny by dividing state authority into three branches, each with distinct functions, so that no single arm dominates.

The Executive Arm

The Executive executes and enforces laws. Federal structure:

Level	Head	Key Functions
Federal	President	Appoints ministers, signs bills into law, commands armed forces, foreign policy
State	Governor	Runs state ministries, signs state bills, maintains state security
Local	Chairman	Implements local policies, collects revenue

Other members include the Vice-President, ministers, permanent secretaries, civil servants, the police, and armed forces.

The Legislature Arm

The Legislature makes, amends, and repeals laws. The federal legislature — the National Assembly — is bicameral:

• Senate (Upper House): 109 members, 3 senators per state + 1 from the FCT.
• House of Representatives (Lower House): 360 members allocated by population.

Each state has a unicameral House of Assembly whose members represent constituencies.

The Judiciary Arm

The Judiciary interprets laws, settles disputes, and protects rights. The hierarchy from top to bottom:

1. Supreme Court (headed by the CJN) — final court of appeal.
2. Court of Appeal.
3. Federal High Court / State High Court / Sharia Court of Appeal / Customary Court of Appeal.
4. Magistrate and Customary courts.

How the Arms Check One Another

• Legislature over Executive: can impeach the President or Governor; overrides a veto with a two-thirds majority; confirms ministerial and judicial appointments.
• Executive over Legislature: President/Governor can withhold assent to bills (pocket veto) and summon or prorogue the legislature.
• Judiciary over both: declares laws and executive actions unconstitutional through judicial review.

Common NCEE Question Patterns

• “Match each arm to its function” (matching).
• “State two functions of the Legislature.”
• “List the heads of the three arms of government.”
• “Explain two ways the Legislature checks the Executive.”

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

Checks and Balances: Worked Examples

Example 1 — Legislative check on Executive: Under Section 143 of the 1999 Constitution, the National Assembly can impeach the President with a two-thirds majority of both chambers on grounds of gross misconduct. The Vice-President then assumes office.

Example 2 — Judicial check on Legislature: A court can nullify an Act of the National Assembly if it violates constitutional provisions. This is judicial review, exercised in cases like A.G. Federation v. A.G. Abia State (2001), which clarified revenue allocation.

Example 3 — Executive check on Judiciary: The President appoints judges of the Supreme Court, Court of Appeal, and Federal High Court, subject to Senate confirmation — but cannot remove them except through the National Judicial Council (NJC).

Separation of Powers vs. Checks and Balances

Many candidates treat them as synonyms. Separation of powers is the division of functions among the three arms; checks and balances is the overlap that lets each arm limit the others. The two work together — without overlap, abuse becomes unchecked.

Common Mistakes to Avoid

1. Saying the President makes laws. He only assents to bills.
2. Stating the Senate has 109 states instead of 109 members.
3. Believing the CJN is appointed by the National Assembly — he is appointed by the President on the recommendation of the NJC.
4. Treating state and federal legislatures as identical — state legislatures are unicameral, federal is bicameral.
5. Confusing impeachment (a legislative process) with removal (a NJC process for judges).

Connection to Federalism

Each arm operates at the federal, state, and local levels, giving Nigeria three tiers of government with constitutional divisions of power (Exclusive, Concurrent, and Residual legislative lists).

Practice Prompts

1. Outline three ways the Legislature checks the Executive and three ways the Executive checks the Legislature.
2. With examples, distinguish between separation of powers and checks and balances in Nigeria’s 1999 Constitution.

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