Pol 122

Study Session 1: Meaning of Government
Introduction
The people of any nation must be governed by a body of persons. This will enhance effective and
smooth control of affairs and activities of the whole society. Even within associations and
organizations a certain number of people or body of persons are responsible for day-to-day
administration. The body that controls and manages the activities of a society is referred to as the
government. The existence of government in a state is highly essential for the maintenance of law
and order. Also, government is necessary for peace, stability, progress and prosperity of the
people in a state. Absence of government would surely lead to chaos, fear, insecurity and general
disorder. Absence of government is termed 'anarchy'. Government as a discipline is studied to
enable us to know how and why a group of individuals rule or govern others. As a matter of
necessity, government must exist in a society to prevent insecurity, instability, oppression,
anarchy and backwardness. Thus, one can define government as a body of personnel entrusted
with the authorities and power to regulate, co-ordinate, and manage the activities of a given
society.
Learning Outcomes For Study Session 1

When you have studied this session, you should be able to:
1.1 Define government
1.2 Discuss the relationship between government and politics.
1.3 Highlight the role of government as an institution of the state.
1.4 Explain the relationship between citizens and the government.
1.1 Definitions of the Subject Matter

Government is studied to enable us to know how and why a group of individual rule or govern
others. A government is that body or institution in a state that see to the welfare, peace and
orderliness of the citizens. Generally, one can define government as a body of personnel and
institution entrusted with authorities and power to regulate, co-ordinate and manage the activities
of a given society.
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1.1.1 Government as an Institution of State
Government as an institution of state is defined as an agency or machinery through which the
will of the state is formulated, expressed and attained. In other words, the government is an agent
of the state. The government helps the state to achieve its objectives, therefore, the government is
the most important institution of the state. The government itself is made up of several
institutions which include the legislature, the executive and the judiciary. Also, the government
is a set of political institutions whose function is to regulate the affairs of the people in a state.
The legislature makes and repeals laws, the executive enforces and implements laws and the
judiciary interprets and adjudicate laws. Some people regard only the executive arm as the
government, since it is the one that often takes decisions which are binding on the people.
However, it is important to note that the executive cannot function without the cooperation and
support of the other two arms of government.
Generally, the government may be seen as a group of people who ensure peaceful co-existence
among the citizens and see to it that people do not do just what pleases them. Government is
therefore essential to settle disputes by making decisions which are legally binding. In this
regard, the government usually achieves its objectives through the processes of negotiation and
reconciliation.
Government in modern times performs certain functions which are clearly spelt out in the
constitution. The basic functions of government are as follows:
1) To promote the happiness of the citizens by providing the basic needs for their living.
Such needs are employment opportunities, good roads, education, hospital and welfare
services.
2) Government promotes economic development of the country by establishing industries
and other business ventures and also providing an enabling environment for government
and private partnership for economic development.
3) It is also the responsibility of government to make, enforce and interpret the law
governing a given society.
4) Government are responsible for the preservation of the fundamental human rights of the
citizens as clearly spelt out in the constitution and in the Universal Declaration of Human
Rights by the United Nations Organizations (UNO).
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5) Since government in modern times cannot operate in isolation, it is expedient of those in
government to foster friendly relations with other countries, especially where Nigeria has
interests.
1.1.2 Government as a Process or Art of Governing

Government as a process or art of governing may be defined as a body vested with the power and
authority for maintaining security, peace and stability by making or enforcing conventional or
fundamental laws in a given state or society. Thus government as a process refers to the way
public business is carried out which involves the need for the use of creative skills. This is
precisely why governing is an art. The general acceptable reason why we have government in a
particular given society is to protect the people against external aggression. However, in modern
times the purpose of government covers a wide area.
There is a great difference between the study of political or government institutions to those
things that government does to realize its objectives. Which means much emphasis should be
placed on the informal processes of politics than the political institutions of the state.
Government business includes the following:
1) Law Making: It is the responsibility of government to make laws. Therefore, the power
to make law are vested to the legislature to regulate the behaviour of individuals and
groups.
2) Rule Application: The organ that is responsible for the application, enforcement and
implementation of the law made by the legislature is the executive. Thus, law is useless if
not effectively implemented.
3) Rule Adjudication: It is the duty of the judiciary to interpret the laws made by the
legislature and settle dispute between individual as well as between component states and
the government at the centre.
1.1.3 Government as an Academic Field of Study

Government as an academic field of study refers to the study of agencies, political institutions
and the dynamics of the state. It also studies international organisations of which the state has
membership, and relationship between the state and other states in the world. Moreover, since it
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is an academic field of study, it is being studied in all our educational institutions. Therefore, it is
imperative to study the following areas during our course of study:
1) The Constitution: A constitution states the powers, functions and limitations of various
institutions of government. Students of government study constitutions and the role of
individuals in the operation of constitution.
2) Public Administration: This has to do with bureaucracy or administrative machinery of
government. It covers the civil service, public corporations and the local government.
3) International Relations: This focuses on the analysis of the behaviour of states in the
international settings and factors which determine their behaviour. The study of
international organisations is equally important here.
4) Political Economy: This is the sub-field that deals with the relationship between politics
and economy. It studies how politics influence economics and how economics affects
politics
1.2 Government and Politics

Politics is found where human beings are and is equally unavoidable in any human association,
organisation and society. Thus, man cannot live in isolation. Aristotle, the great political
philosopher, observes that “man is by nature a political animal" and confirms politics as the
essence of social existence. Aristotle says that man engages in politics for these three principal
reasons: to define their positions in society, as they struggle for scarce resources and as they try
to convince others to accept their points of view.
What is Politics? According to David Easton, politics is the authoritative allocation of values.
Max Weber defines politics as the operation of the state and its institutions. For Harold Lasswell,
politics is the shaping and sharing of power. Lasswell went as far as to define politics as 'who gets
what, when and how'.
From the above, we can sum up that politics refers to the activities within, and related to the
political system. Politics equally means sharing power or striving to influence the sharing of
power among individuals and groups in a state. Herbart Winter and Bellows put forward a
definition that combines Veron Dyke and David Easton's thoughts that politics is a struggle
between actors pursuing conflicting desires on issues that may result in an authoritative allocation
of values. Therefore, politics goes beyond the activity of government, the political parties and the
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politicians. Politics is a universal phenomenon. In all organisations, politics is characterised by
struggle for power and influence, conflict, bargaining, reconciliation, resolution and consensus.
On the other hand, government as an institution of the state is an instrument deployed or a
machinery established by the state to perform the functions of organisation, management and
administration of the state, its affairs, functions and duties. Through this, state can formulate,
express and realize its will. As an institution, government has three organs and their functions are
embedded in the constitution. The three organs are the executive, the legislature, and the
judiciary.
i. The Executive: This organ of the government is concerned with the formulation and
implementation of policies.
ii. The Legislature: This is the law making organ.
iii. The Judiciary: This organ interprets the laws.
Government is put in place to make laws that will guarantee peace and order in the society.
Social amenities such as electricity, potable water, maternity and health centres are provided by
the government.
Government defends the country against external aggression by deploying the armed forces to
maintain the territorial integrity of the state.
It is the responsibility of the government to protect lives and property of the citizens. Ensuring
the welfare of the citizens is the cardinal function of the government. It provides employment
opportunities for the citizens.
Government equally promotes national economic activities by providing infrastructure such as
airports, railways, roads and putting in place policies that would encourage both local and
foreign investors.
Government and politics are interconnected, for instance the association of men in a church, a
political party, or an international organisation is political; as a result, each needs a form of
government in order to maintain or restore order, peace, justice, etc. among the people.
Consequently, without government there could be breakdown of law and order, injustice and
chaos among people in the society.
1.3 Government and the State
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The government and the state are intertwined. The state articulates its affairs through the
instrumentality of the government. The state means different things to different scholars. The
state can be defined as a politically organized body of people occupying a defined geographical
territory an organized legitimate or constitutional government with sovereignty, independence
and a sense of nationalism. Government is basically a feature of a state. It is the machinery set up
by the state to organize and realize its set objectives and goals. A state without a government
would be characterized by anarchy. The state can be seen as a corporate entity while government
as an institution is set up by the state. The state is a permanent entity while government is
subjected to periodic changes.
Sovereignty as an inalienable feature of the state is rested with the government which exercises it
in trust for the state on behalf of the citizens.
1.3.1 Characteristics of a State

The state has the following characteristics or features:
1. A Defined Territory: A state has defined boundaries separating it from others. It has a
defined territory with a limit to its size. State encompasses waters, mountains, forest, air
space, valleys, etc. within a geographical space.
2. Government: It seems to be the most singular important feature of a state, even though it
is not permanent. Government is a machinery set up by the state to run the affairs of the
people of that state. Even the conduct of external relations of a state is carried out by the
government.
3. Permanence: The state is a permanent entity. Though governments may change
periodically through elections or otherwise, the state remains permanent.
4. Recognition: A state is an independent and must enjoy total recognition both internally
and externally. To this end, there should not be undue interference from another state.
5. Population: A state must be inhabited by a reasonable or specified number of people
before the status of a state can be conferred on it.
6. Sovereignty: The state has the supreme power to make and enforce binding decisions on
the people. A state sovereignty is not negotiable and as such, no other country has the
right to interfere in the affairs of another state.
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1.3.2 Characteristics of Government
1. Periodic Change: Periodic elections help to put a new government in place in a
democratic setting because government itself is not permanent.
2. Behaviour Regulation: Laws are made by the government and entrenched in the
constitution to guide the political behaviour, activities and beliefs of the citizens'. All
citizens’ conducts are regulated by the constitution.
3. Work-force: Policy-making and implementation are done by the civil service personnel.
Interpretation and punishment of offenders are generally carried out by the government
workers.
4. Protection: It is the primary responsibility of the government to protect lives, rights and
properties of the citizens.
5. Welfare Services: Government should provide electricity, water and housing for the
people to enhance their well-being.
1.4 The Citizens and the Government

The citizens and the government are essential components in any society. The state regulates the
behaviour and conducts of its citizens through the machinery of the government.
Without the government to regulate the political behaviour of the citizens, the society would be
in chaos and anarchy. Having discussed the concept of government in the preceding pages, the
concept of being a citizen deserves some attention here.
Who is a citizen? A citizen can be defined as a legal member of a state with full constitutional or
legal rights in the country where he or she resides. He benefits from the state certain rights and
privileges and equally owes the state some obligations and responsibilities.
1.4.1 How can a Person Acquire Citizenship?

1. By Birth: If one or both of the one's parents, is a citizen of a country, this can
automatically qualifies the person to be citizen by birth.
2. By Naturalization: A person can become a citizen by naturalization if he satisfies the
constitutional requirements for it. For instance, a foreigner who resides in Nigeria may
want to become a citizen. It is s automatic, though. He will apply and fulfil necessary
requirement before he can be granted.
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3. Dual Citizenship: Dual citizenship is possible. For instance, a child born to Nigerian
parents living in USA is both a US citizen and a Nigerian.
4. By Marriage or Registration: One can acquire citizenship by marriage or registration.
If a woman is married to a person of another nationality, she can acquire the citizenship
of her husbands' country.
5. Honorary Citizenship: If an individual has distinguished himself/herself in a particular
area, such an individual can receive honorary citizenship.
It is important to note that, a citizen can lose his or her citizenship if his activities are prejudicial
to the country`s corporate existence. If a citizen is not loyal to his country during the war period,
he can lose his citizenship. If within a period of 5-7 years after becoming naturalized, an
individual engages in criminal activities and is incarcerated in the cell, he can lose his
citizenship. Furthermore, if a citizen is found guilty of false declaration, or treason he can
equally lose his citizenship.
Summary of Study Session 1

In this study session, you have learnt the concept of government as a subject matter. A detailed
definition of government as an institution of state, as a process or art of governance and as an
academic field of study was also provided. Government and politics are intertwined but the
relationship between the two was discussed. Besides, the relationship between the government
and the state was highlighted. The session also presents the citizen as an important variable in a
government.
Self-Assessment Questions (SAQs) for Study Session 1

Having studied this session, you can assess how well you have achieved its learning outcomes by
answering the following questions. Attempt the questions carefully and discuss them with your
tutor at the next study support meeting. You can equally access the answers at the end of this
course material.
Section A: Objective Questions

SAQ 1.1 (Tests Learning Outcome 1.1)
1. Government as a body of personnel or institution________________
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a) Performs politicking.
b) Is entrusted with power and authority to regulate, co-ordinate and manage the affairs of a
given society.
c) Conducts elections only.
d) Ensures that the President, governors and chairmen are elected into offices.

2. Government as a process or art of governance means_____________
a) The body vested with the power and authority for maintaining security, peace and
stability by making or enforcing conventional laws in a given state or society.
b) A system of instilling the knowledge of politics.
c) The study of agencies, political institutions and dynamics of the state.
d) The study of agency or machinery through which the will of the state is formulated,
expressed and attained.

3. Government as an academic field of study means________________
a) The study of agencies, political institutions and dynamics of the state.
b) Carrying out the constitutional functions of the executive, legislature and the judiciary.
c) The study of the agency or machinery through which the will of the state is formulated,
expressed and attained.
d) Studying the functions of government in a given society.

4. Which one of these is true about government and politics?
a) The machinery of government is used to regulate political behaviour.
b) Politics is about allocation of resources.
c) Government is all about do or die politics.
d) Politics and government are the same.

5. The three main organs of government are______________________
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a) Executive, legislature, power.
b) Power, authority, influence.
c) Executive, legislature, judiciary.
d) Judiciary, executive, influence.

6. The organ of government that deals with formulation and execution of policies
is______________________
a) Judiciary.
b) Legislature.
c) Executive.
d) Presidency.

7. A state without a government would experience________________
a) Chaos, anarchy and instability.
b) Stability, joy and peace.
c) Chaos and stability.
d) Anarchy and peace.

8. Pick the correct statement:
a) State is temporary.
b) Government is permanent.
c) State is permanent.
d) Government could be both permanent and temporary.
9. A legal member of a state with a full constitutional and legal rights is called the
_____________________
a) President.
b) INEC Chairman.
c) Citizen.
d) Governor.
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10. One can lose citizenship if______________________
a) He/she participates in political campaign.
b) He/she is found guilty of treason.
c) He/she abuses the president of a country.
d) He/she cannot speak the national indigenous languages.
Section B: Theory Questions

1. Define the following basic concepts:
a) Government as an institution of state
b). Government as a process or art of governance
c). Government as an academic field of study
2. Discuss government and the state.
3. Enumerate the link between Government and Politics.
4. Explain the characteristics of government and state.
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Answers to Self-Assessment Questions for Study Session 1
1. B
2. A
3. A
4. A
5. C
6. C
7. A
8. C
9. C
10. B
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References and Suggestions for Further Readings
Alfred de Gazia (1965). Political Behaviour, New York: Free Press
David Easton (1960), the Political System, New York: Free Press
Harold Lasswell and Abraham Kaplan (1950), Power and Society, A Framework for Political
Inquiries, New Haven: Yale University Press
Max Weber (1947). The Theory of Social and Economic Organisation, trans, A.M Henderson
Talcott Persons, New York: OUP
Vernon Dyke (1960) Political Science: A Philosophical Analysis, Stanford: California Stanford
University Press
Oyediran Oyeleye (2007): Introduction to Political Science, Ibadan: Oyediran Consult
International
Stephen Wasby (1970) Political Science: The Discipline and Its Dimensions, New York: Charles
Scribners Sons.
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Study Session 2: The Structures of Government:
The Legislature
Introduction
This study session focuses on the structures of government. The structures of government are a
sine qua non to the indispensable functions they perform in an institution to make it stable,
functional and desirable. The structures in question are the legislature, the executive and the
judiciary. In other words, they are the organs of the government. The executive implements or
executes the laws that are made by the legislature. The legislature is responsible for law making
while the judiciary interprets the law. This study session enables you to know the organs or
structures of government. It equally exposes you to their checks and balances. However, this
study session explores functions and operations of the legislature as an organ of government.
Learning Outcomes for Study Session 2

At the end of this study session, you should be able to:
2.1 Explain the concept of the legislature.
2.2 Identify the features of the legislature.
2.3 Mention the functions of the legislature.
2.4 Discuss how the assembly and executive relations are managed.
2.5 Explain the types of the legislature.
2.6 Enumerate merits and demerits of the legislature.
2.7 List the judicial functions of the legislature.
2.8 State the legislature functions under the military.
2.1 The Concept of the Legislature

The legislature is one of the arms or organs of government and the most important branch of
government. It lays down the basic principles which the executive has to apply in the
implementation of laws and which the judiciary has to use as its frame of reference in
adjudicating cases relating to these laws. The Legislature, then, takes precedence over the other
two branches of government since, according to the classical tradition of representative
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government, the power to legislate resides in the Parliament, which alone represents the
sovereign people, and which is competent to express the will of the people in the form of law.
Legislature is responsible for making and repealing laws through amendment procedures. The
composition of the legislative house varies from country to country and it depends on the
prevailing circumstances in each country. The legislature is also responsible for some oversight
functions in order to checkmate the excesses of the other organs of government such as executive
and the judiciary. For example, in Nigeria, the legislative arm is referred to as the National
Assembly, it is called Congress in the United State of America and the Parliament in the Great
Britain.
2.2 Features of the Legislature

The legislature can be seen as a forum or arena for the expression of political governance. With
the provision of this platform, political governance can be expressed. This will enable the elected
legislature to have debates and discussions on the matter presented before the house. It can
equally be seen as an instrument of interest articulation and aggregation.
Apart from law making, the legislature supervises, scrutinizes and keeps surveillance on the
executive on behalf of the general public.
1. The legislature controls the public expenditure and equally approves the annual
budget of a country.
2. The legislature ratifies the appointment of key government or public officers. In the
same vein it approves the policies of the government.
3. The legislature is the quintessence of democratic government to enforce the people's
will.
4. In most democratic political systems, the legislatures have the power to establish and
amend the nation's constitution.
5. The legislative committees hold hearings, subpoena witness, keep records and
correspondences and consequently submit reports to the National Assembly.
2.3 Functions of the Legislature

The fundamental role of the legislature is law-making. This law making function of the
legislature is accomplished through the legislative process.
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1. The legislature needs to approve executive declaration of war and a state of emergency
before the deployment of troops to the troubled areas.
2. The legislative chamber is an arena for discussion and debating on issues, policies,
programmes, ad-hoc meetings and so on. It is on the legislative floor that all issues and
events are tabled, discussed and resolved.
3. As a matter of fact, the legislature conducts investigations into government departments
and ministries to ascertain how funds that are appropriated by them (the legislature) are
expended.
4. Constitutional amendment is central to the constituted roles and responsibilities of the
legislatures.
5. A recalcitrant and tyranny President can be impeached by the legislature.
6. It equally exercises financial control by controlling the raising and spending of money
and gives final approval in financial matters proposed by the executive.
7. All other activities of the other arms of government are controlled by the legislature
through the legislative processes.
8. The legislature has the power of questioning by receiving petitions, questioning those in
government and receiving or rejecting the response and accounts of the sitting
government (the executive).
2.4 Managing Assembly and Executive Relations

Managing assembly is a cardinal responsibility of the legislature. The sources of executive power
are the laws made by the legislature, the country’s constitution and the statue. On the other, the
executive performs the following legislative functions: In the political systems, the executive has
the power to call the legislature and dissolve it. Very often, the executive initiates and
recommends bills needed to be considered by the legislature. The executive can veto issues; it
can use the veto power over legislative resolutions.
2.5 Types of Legislature
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Election is substantially synonymous to the legislature’s instrument deployed to achieve its
constitutionally assigned role and functions. In any nation, the fundamental responsibility of the
legislature is to make laws to facilitate proper behaviour among the citizens so that order, peace
and stability can reign supreme in that nation.
Legislatures are circumstantial. They are called different names at different times in countries all
over the world. For instance, in the countries where bi-cameral legislature is practiced (like in
the United States of America, Nigeria and Great Britain) the legislature is called the Parliament.
In the United States of America and in Nigeria, the legislature is referred to as Congress and the
National Assembly respectively. It consists of the House of Representatives (the Lower House)
and the Senate (the Upper House). In Britain, the legislature (the parliament) is made of two
legislative houses – the House of Common which is the (Lower House) and popularly elected
unlike the second one, the House of Lords (Upper House) which is not composed by elections
but by nobility.
Mostly, the lower house or chamber is made up of elected members. Their election is based on
universal suffrage. The upper house or chamber membership could be through direct elections or
hereditary like in the USA and the Great Britain respectively.
In Canada, the upper house membership is done by nomination but in Nigeria, elections are
conducted for members in the House of the Senate. More essentially, members of the upper
house or chamber belong to a particular age group and have more experience than those in the
lower house.
Unicameral legislature has one legislative chamber where members are directly elected by the
electorate, e.g. Israel, Denmark, Poland, New Zealand, etc. It is important to note that countries
which are small in size are more likely to have one chamber rather than two, as the problem of
the balance of political power is less difficult to solve in them than it is in big countries.
2.6. The Merits of Bi-Cameral Legislature

1. Bicameralism prevents hasty legislation, because the two houses have the opportunity to
debate and examine bills thoroughly before passing them into law.
2. In terms of distribution of seats, the minority interests are protected because bicameralism
ensures and guarantees equality.
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3. The two houses have the power to check the excesses to the executive so that the
constitution can remain the only compulsory document to be obeyed by everybody. They
provide checks and balances on the legislative process.
4. Bicameralism save-guards against the despotism of a single chamber and protects
individual freedom against the tyranny of the single interest chamber.
5. Bicameralism brings about equitable legislation that can foster successful discussions and
deliberations.
6. The dual chamber legislature is more democratic.
7. In the two houses, the upper chamber has mature and experienced persons to participate
in the process of law making.
8. Bicameralism allows the upper chamber to bring in special representation of interest
groups such as the aristocratic, traditional and socio-economic persons.
2.6.1 The Demerits of Bicameral Legislature
1. Bicameral legislature is very expensive to run. The reason is that the two houses are paid
salaries and allowances. The second chamber or house looks more like a duplication and
is subordinate to the first house or chamber.
2. The appointed second chamber can become a dumping ground for the electoral aspirants
who were rejected at the polls by the electorate.
3. There is often unhealthy competition and rivalry between the two chambers.
4. To some extent, bicameral legislative system sounds undemocratic
5. There could be delay in the passage of bills, because the houses need to input their data in
the process of law making.
6. Bicameralism does not give room for emergencies.
2.6.2 The Merits of Unicameral Legislature

1. In a unicameral legislative house, the legislative process is fast because the bill will not
go to the second chamber.
2. The structure is simple and manageable in small countries with homogeneous social and
economic organisations.
3. It is not expensive to run.
4. It allocates responsibilities more easily.
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5. It prevents “dumping ground” issue in political electioneering
2.6.3 The Demerits of Unicameral Legislature

1. Errors can crop up in the process of law making because it gives little room for checks and
balances.
2. Unicameral legislature often denies the country of the services of its statesmen to partake
in the law making process of their country.
3. Unicameral legislature may lead a country into having a dictatorial head of state whose
powers cannot be checked.
4. It can also become a dumping ground for political deadwoods, jobless politician or those
who were rejected at the polls.
2.7. The Judicial Functions of the Legislature

Often times, the legislature performs judicial functions. For instance, when the legislature carries
out an impeachment process against the executive, it is a judicial function of the legislature.
In Nigeria, in the Second Republic, (1979-1983), the state legislature impeached the Governor of
Kaduna State, Alhaji Balarabe Musa. In the Fourth Republic, also in Nigeria, Alhaji Rasheed
Ladoja of Oyo State was impeached, just like the former Governor of Ekiti State, Mr. Ayodele
Fayose was impeached by the state legislature. Impeachment has become a potent weapon in the
hands of both the central and state legislatures. When Ghali Umar Naba was the speaker of the
House of Representatives in Nigeria, he threatened to commence an impeachment proceedings
against the former President of Nigeria, Chief Olusegun Obasanjo. Former President Richard
Nixon was equally impeached in the United States of America.
Equally in Britain, all appeals end at the House of Lords. The House of Lords is the highest court
in the land. It possesses the power to impeach power. In the United States of America, the story
remains the same. It does not matter whether this legislative act is ethical, normal or abnormal,
healthy or unhealthy to the system. The vital point is that it is done to check the excesses of the
executive. In the United States of America, the impeachment power of the legislature is in the
hands of the central legislature.
2.8 The Legislative Functions under the Military
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Whenever the military takes over the government, the constitution will be suspended, the elected
legislature and other political office holders proscribed. Some sections of the constitution are
rendered ineffective. The power of the legislature will be assumed by the Supreme Military
Council (SMC), Provisional Ruling council (PRC) or the Armed Forces ruling Council (AFRC).
At the federal level, decrees will be promulgated while at the state levels edicts will be put in
place. These decrees are often anachronistic and obnoxious. In some cases they restrict
individual freedom and equally gag the press from revealing government information. For
instance, the regime of General Muhammadu Buhari/General Tunde Idiagbon promulgated
Decree No-2 of 1984 (Detention without trial) and Decree No-4 of 1984 (Death penalty on
cocaine carriers). The trio of Ojuolape, Owoh and Ogedengbe happened to be the first victim.
These decrees were considered to be too draconic for human existence and believed to have
violated rule of natural justice.
Summary of the Study Session 2

In this study session, you have learnt that the structures of government mean the arms or organs
of government namely: the legislature, the executive and the judiciary. The legislature is the law
making organ of government while the judicial role of impeaching the executive can be
performed by the legislature. However, the bicameral legislature can lead to a wastage of
resources and is expensive to run. On the other hand, the unicameral legislature can take care of
emergencies that may arise in the course of governance.
Now that you have come to the end of this study session do you know how well you have fared?
Would you like to test your understanding of the session? Then, see if you could answer the
following assessment questions. Do not forget to write down in your notebook any topic you do
not understand or that needs further clarification. Discuss this with your lecturer in the next
tutorial you will have.

1. Which of the following are the three arms of government?
a) Executive, President, legislative
b) Legislative, executive and judiciary
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c) Executive, judiciary, law defender
d) President, legislature, police

2. Which of the organs of government makes the law?
a) The Executive
b) The judiciary
c) The legislature
d) The politician

3. The bicameral legislature has ___________ chamber(s)/house(s)
a) One
b) Two
c) Three
d) Four
4. The ____________ legislature has one chamber(s)/house(s)
a) Unicameral
b) Bicameral
c) Multicameral
d) Polycameral

5. The two types of legislature are ______________________.
a) Unicameral and polycameral
b) Polycameral and bicameral
c) Unicameral and bicameral
d) Bicameral and parliamentary
SAQ 2.6 (Tests Learning Outcome 2.6.4)

6. The _______________ type of legislature can lead a leader into tyranny and dictatorship
21
a) Bicameral
b) Polycameral
c) Unicameral
d) Monocameral

7. The _________ legislative denies the country the opportunity to enjoy the services of its
statesmen.
a) Unicameral
b) Bicameral
c) Central
d) State
8. In the Nigeria National Assembly, we have ________________________.
a) Houses of the Lords and Common
b) Houses of the Senate and Congress
c) Houses of the Senate and Representatives
d) Senate and Lords

9. In Britain, the two legislative chambers are known as _____________
a) Houses of Senate and Representatives
b) Houses of Senate and Lords
c) Houses of Representatives and Common
d) Houses of Lords and Common

10. The Primary role of the legislature is___________________.
a) Law adjudication
b) Law formulation
c) Law making
d) Law interpretation
22
Section B: Theory
1) Write short notes on the function of legislature.
2) Name the two types of legislature and write short notes on them.
3) What are the merits of bicameral legislature?
4) What are the demerits of unicameral legislature?
23
Answers to the Self-Assessment Questions (SAQs) for Study Session 2
1) B
2) C
3) B
4) A
5) C
6) C
7) A
8) C
9) D
10) C
24
References and Suggestions for further readings
Austin Ranny (1975). The Governing of Men, Illinois: The Dryden Press.
Draguish Alex N, Jorsen D. Rasmussen and Joel C. Moses (1991), Major European
Governments, 8th Edition, Pacific Grove, California, Brooks/Cole Publishing Company.
Introduction to the Report of the Constitution Drafting Committee containing the Draft
Constitution, Volume 1, Lagos; Federal Ministry of Information, Printing Division, 1976.
Macridis, Roy C. (1968). Political Executives In International encyclopaedia of the Social
Sciences. New York: Macmillan.
Macridis, Roy C. and Bernard of Brown (1986). Comparative Politics: Notes and Reading Sixth
Edition.
Nwabueze, B.O (1983). Federation in Nigeria under the President Constitution, London: Sweet
and Maxwell.
Oyediran, Oyeleye (2007). Introduction to Political Science, Ibadan: Oyediran Consults
International.
Oyediran, Oyeleye(1979). The Role of the Legislature in the 1989 Constitution: A plea for Re-
examination, the Guardian 27 and 28 July 1990 and Quarterly Journal of Administration,
Vol. XXIII, No 3.
25
Study Session 3: The Structure of Government:
The Executive
Introduction
Generally, government is the agency or machinery through which the business of a country is
carried out; that is, the body with which the power to coordinate the activities of governance is
entrusted. Such government must rule in accordance with the rules and regulations of the
country. It must ensure the happiness and safety of the citizens in the state. It must ensure that
the standard of living of the citizens is improved by promoting the economic standard of the
country. In essence, for the above functions and activities to be effectively and efficiently carried
out, it is the responsibility of the executive arm of government as an organ that formulates and
implements government policies.
Learning Outcome for Study Session 3

At the end of the study session, you should be able to
3.1 Explain the meaning and types of executive.
3.2 Mention the effect of chief executive.
3.3 Describe the functions of powers of chief executive.
3.4 Discuss bureaucracy and organization of government.
3.5 Highlight civil service and its structure.
3.6 List the functions of the civil service.
3.7 Enumerate the civil service reforms in Nigeria.
3.8 Explain the functions of civil service commission.
3.1 The Meaning of Executive

The executive as an arm of government derives power from the constitution and statues or laws
made by the legislature. This arm of government is the organ responsible for the implementation
of the policies and laws made in the country. The executive arm of government is synonymous
with administration or cabinet. The President, Prime Minister, Governors, Ministers, the Civil
26
Service, the Armed Forces, the Police are all in the executive arm of government, and they
perform the day to day work of governance.
The executive can be categorized as (i) Single and plural executive (ii) Parliamentary and non-
parliamentary executive. In single executive, the control of governance rests with one individual.
For example, the American President solely appoints his minister and they equally depend on
him. These ministers advise the President. On this basis, the ministers are his agents not
colleagues. In the plural executives, the president is the chairman of the federal executive
council and exercises the usual powers of a chairman. The example of plural executive is the
president of the Swiss Confederation (Switzerland). The parliamentary executive like that of the
Great Britain share its ceremonial functions and responsibilities with the ceremonial president
because prime minister is the head of government while the Queen remain the head of state
(Parliamentary/Cabinet Executive). The executive in the USA is non-parliamentary. It is equally
referred to as Presidential Executive.
3.2 The Effects of Chief Executive

The effects of the Chief Executive are felt in the entire country. Be he parliamentary or non-
parliamentary, or the simple and plural executive. He ensures that the country is stable, peaceful
and in order. The Chief executive conducts himself or herself properly when representing the
country outside. At that level, he is the ambassador or mirror of his country. He equally ensures
that good policies are initiated and formulated. To this extent, the minister of external affairs
must be decorous, intelligent, charismatic and pragmatic. The conduct of the chief executive
speaks volume about the totality of his country. His name must ring bell. For instance, the USA
Chief Executive commands so much reverence locally and internationally; or a name like Nelson
Mandela, one time President of South Africa. The chief executive must be caring to the citizens
in the diaspora. The chief executive ensures that currencies are printed and are in circulation; and
basic utilities like electricity, pipe borne water, good roads and laudable infrastructural systems
are in place.
More importantly, the chief executive must be seen as impartial and a good role model. In the
area of protecting the country's territorial integrity from external aggression and invasion, he
needs to exhaust available dialogue before resulting to declaration of war which may cost the
country lots of financial and material losses.
27
3.3 The Functions and Powers of Chief Executive
Basically, the chief executive derives his powers and functions from the constitution. These
include administrative, legislative and judicial functions.
3.3.1 The Legislative Functions of the Executive

1) The chief executive initiates and recommends bills that the legislature will consider.
2) The executive arm, most especially in a presidential system of government, has the veto
power.
3) The executive has the power to call the legislature and the power to dissolve it, especially
in the parliamentary system of government.
3.3.2 The Administrative Functions/Powers of the Executive

1) He directs and supervises the execution of laws.
2) The executive appoints and removes the members of the cabinet.
3) The executive controls and coordinates the administration of the state.
4) The executive has the power to declare war against the aggressor.
5) It equally has the power to declare a state of emergency wherever the peaceful
coexistence of the country is threatened.
6) The executive is responsible for the conduct of foreign relations.
3.3.3 The Judicial Functions/Powers of the Executive

1) Executive can exercise power of prerogative of mercy with the advice of the Attorney-
General of the federation; that is, the executive has the power to pardon the people who
have committed offences against the state. The executive can equally protect a person
from the legal consequences of crimes committed.
2) The executive can lessen the sentence passed on a criminal.
3) The executive appoints the chief justice of the federation and other judges of the various
court at the federal level based on the advice from the National Judicial Council (NJC).
4) The executive sets up an administrative tribunal or panel of enquiry.
28
3.3.4 The Executive Committee/Council/Ministers
The executive committee is always set up mostly as ad-hoc to take care of some emergent issues.
There could be an executive committee to look into financial recklessness or misappropriate.
One of the ministers may be chosen to be chairman of that committee. This committee has the
mandate of the chief executive to look into a particular issue and come out with a
recommendation. The executive council always comprises the incumbent president (the
chairman) and his ministers (members). They deliberate together to initiate and formulate
policies and programmes. The council deliberate on very important national issues. The
executive council can meet and take actions on emergency matters. Quite often, the president
takes a decision and it is ratified by the executive council. At the very least, the president consult
with the executive council before a major national decision can be taken.
The executive ministers are the ministers appointed by the president after the ratification of the
parliament or national assembly. These ministers have different portfolios. They perform
different functions. For instance, in the current Nigerian civilian administration, Labaran Maku is
the Minister of Information. He specializes in giving information on the daily activities of the
government to the citizens because he is duty -bound to do so. The democratically elected
government must be accountable to the governed. In the executive cabinet, the individual takes
responsibilities for his or her actions or inactions.
3.4 The Bureaucracy and Organisation of Government

Administration
Bureaucracy can be conceptualized as a pattern of administration involving government
departments in which complicated official routine is observed in the conduct of public affairs and
in what they do.
Governments do engage in administrative bureaucracy because services rendered in the
contemporary democratic political system are complex; they involve division of labour. They
equally involve formulation and implementation of rules.
The hierarchical order of bureaucracy in government organizations allows each worker to know
where he belongs and to whom he is answerable. The foregoing often results to rigidity and
inflexibility in the discharge of duties by the public officials. This is what we call red-tapism or
bureaucracy.
29
Bureaucracy in government administration allows specialization of workers and duties. With this
arrangement, the worker is restricted to performing one type of work and this consequently
narrows their scope, initiatives, etc. Though it brings about specialisation in the service, it limits
the way an employee can participate in the service.
In government administration, it is believed that the general public is waiting for accountability
from the government. Therefore in bureaucratization system, mistakes could be avoided.
To this extent, the larger the organization, the larger the bureaucratic requirements. In a big and
more complex organization, there is a strict adherence to issues and higher objectivity before
decision is taken.
On the whole, bureaucracy in a administration enhances the skills and competences of
specialized workers and equally becomes indispensable. It brings about efficiency in a large and
complex organization. Bureaucracy ensures that government officials adapt to rules and
regulations. Having said that, the lacklustre aspects of bureaucracy are: lack of initiative on the
part of the government worker and general inefficiency. The free flow of work is marred by the
rigidity of the officialdom.
3.5 Civil Service and Its Structure

The civil service is a department in the executive arm of government. The fundamental role of
the civil service is to assist the executive in planning, organizing and implementing government
policies and programmes. The civil service is divided into different ministries. For the purpose of
illustration, we have ministries of education, health, agriculture, information, etc. In the federal
political system, the political head and chief executive of the ministry at the federal level is
called the minister while at the state level, they are called commissioners. The administrative
head and accounting officer of each ministry is called the Permanent Secretary or the Director
General.
The civil service does not include public corporation, the police, the armed forces because of
their conditions of service. In Nigeria, we have the Federal Civil Service and the State Civil
Service. The civil service must be permanent. In this regard, as an institution it does not change
with the government as workers enjoy permanent tenure of office. They are equally expected to
30
be impartial, fair and just to any government in power and have faith in it. Civil servants are not
permitted to grant press interviews unless they are authorized to do so. Experts are in different
fields of administration because of their long years of experience.
Against the backdrop of the policy of federal character and quota system in Nigeria, it is
expected that employment into the civil service must be on merit so that there will be efficiency
in productivity and service delivery in the civil service.
3.5.1 The Structure of the Civil Service

In the civil service, we have the administrative class, the professional class, the executive class,
the clerical class and the manipulative class. In the administrative class which is the highest
class, we have designations like Director-General, Deputy Director Generals, Principal Officers,
etc. In this category, we have graduates with many years of experience. They are in charge of
policy formulation, and they equally serve as advisers to the ministers or commissioners. The
next class, the professional class comprises professionals like lawyers, doctors, surveyors, etc. In
the executive class, we have various ranks such as senior executives, executive officers, etc.
These employees are responsible for the implementation of the policy of the government. They
are usually first degree and/or Higher National Diploma (HND) holders.
Equally, we have the clerical class that performs the routine work like moving files from one
desk to the other. School certificate holders are usually employed into this class. At the bottom of
the structure, we have manipulative class. These workers are the drivers, cleaners and office
assistants. Primarily, they ensure that the offices are clean and tidy.
3.6 The Functions of the Civil Service

1. They formulate the policies of the government
2. They equally ensure that the formulated policies are well implemented.
3. The civil servants prepare the budget. They prepare the government’s yearly statement
of expected income and expenditure.
4. They keep official documents. They do this to enable the government of the day do its
work effectively and efficiently.
31
5. The civil servants assist their ministers to prepare answers to some parliamentary
questions in their bid to defend the policies of the government.
6. Some experts in the ministry of justice, the civil servants, draft and prepares bills for the
executive to forward to the legislature.
7. The civil service ensures stability and continuity of the government.
8. Civil servants always assist the government on the key national issues.
9. Civil servants have the power to make bye-laws especially the senior civil servants.
3.7 The Civil Service Reform in Nigeria

Prior to the civil service reform in Nigeria, the personnel administration was handled by the Civil
Service Commission, the Ministry of Establishment and the office of the Permanent Secretary,
Office of the Secretary for Administration and Finance. The civil service commission handles the
recruitment (appointment), promotion and discipline of all cadres of staff in the civil service. The
ministry of establishment works out the conditions of service, implements and reviews civil
service rules, determines the staff numerical strength and their respective grades. This office
equally prepares and maintains staff records. Basically, Permanent Secretary's office takes care
of recruitment, promotion and discipline of the junior workers (staff) in the civil service.
The Udoji Commission of 1972 was a thorough public service review, making it a result oriented
one. There were also the 1946 Harragin Commission (which divided the civil service into junior
and senior services), the Grouchy Commission of 1954, the Mbanefo Commission of 1959,
Morgan Commission of 1963, the Eliot Grading Team (1966) and Adebo Commission (1970)
before the Udoji Commission. They brought about the unification of salary grading system and
the introduction of open report system to replace the old confidential reporting.
Decree 43 of 1988 enshrined the civil service reforms of 1988. The post of head of civil service
was expunged. The ministers/commissioners became the chief executives and chief accounting
officers of their respective ministries. The position of Permanent Secretary was renamed
Director-General and politicized. In a nutshell, the civil service was professionalized.
The 1997 Civil Service Commission retained the minister as the head and chief executive of the
ministry while the title of Director General was reverted back to Permanent Secretary.
32
3.8 The Civil Service Commission
The civil service commission is an independent body of the government that is saddled with the
responsibility of recruiting workers into the civil service. This body of persons must be of good
conduct and impeccable record. They recruit workers through open competitions and interviews.
The commission has a chairman as the head. It equally handles promotion, discipline and
dismissal of civil servants found guilty of gross misconduct.
3.8.1 The Functions of the Civil Service Commission

The basic responsibility and function of the civil service commission is to recruit high level
manpower into the civil service. This is achieved through open interviews.
An attempt to cross fertilize ideas in the civil service calls for the transfer of civil servants and
this can only be done by the civil service commission.
It equally sees to the optimal realization of productivity and better service delivery by the civil
servants by ensuring that the workers maintain high level of efficiency and integrity.
The civil service commission advices the government before appointing very senior officers into
the civil service. In a nutshell, the civil service commission has the power to transfer, promote,
discipline, retire and dismiss civil servants. It states terms and conditions of service, fixes
allowances and remuneration of the civil servants.

In this study session, you have learnt the meaning and types of executive, effects and functions
of chief executive. We have also discussed bureaucracy, organisation of government, the civil
service and its structure. This study session has been able to explain the functions of the civil
service hence the civil service reform was enumerated. Lastly, Civil Service Commission and its
functions were also explained.
Self-Assessment Questions (SAQs) for Study Session 3.

Now that you have completed this study session, you can assess how well you have achieved the
learning outcomes by answering the following questions. Write your answers in your study diary
33
and discuss them with your study support meeting members. You can check your answers at the
end of this course material.

1. One categorize the executive as _______________________.
a) Single
b) Plural
c) Non-parliamentary
d) Prima face

2. In the ____________ executive, the control of government or governance is rest with one
individual
a) Single
b) Plural
c) Parliamentary
d) Non-parliamentary

3. The effect of the __________ president is felt more than others in the world
a) Nigerian
b) American
c) Liberian
d) Ghanaian
4. The chief executive drives his powers from the _______________
a) Bye law
b) Edits
c) Constitution
d) Conventions
34
SAQ 3.5 (Test Learning Outcomes 3.3)
5. The executive can perform administrative, legislative, and judicial functions
a) Yes
b) No
c) Neither Yes nor no
d) Indifference

6. The ______________ initiates and recommends bills that will be considered by the
legislature
a) Legislature
b) Ministers
c) Directors General
d) Executive

7. To direct and supervise the execution of laws is the _________ function of the
executive
a) Administrative
b) Legislative
c) Judiciary
d) Ministerial
8. To pardon the people who have committed offences against the state is called an
___________ function of the executive
a) Administrative
b) Legislative
c) Judiciary
d) Ministerial
35
9 __________ can be conceptualized as a pattern of administration involving government
departments in which complicated official routine is observed.
a) Public corporation
b) Civil service
c) Bureaucracy
d) Civil service commission
SAQ 3.10 (Tests Learning Outcomes 3.8)

10 The_____________ recruits civil servants into the civil service.
a) Public Service Commission
b) Civil Service Commission
c) Ministers
d) Permanent Secretary
Section B: Theory
1) Explain the meaning, effect and functions of the executive.
2) What is bureaucracy?. What are its side effects?
3) Explain the structure of the civil service.
4) Who is a director general, permanent secretary and a minister?
36
Answers to the Self-Assessment Questions (SAQs) for Study Session 3
1) D
2) A
3) B
4) C
5) A
6) A
7) A
8) C
9) C
10) B

Austin Ranny (1975). The Governing of Men. Illinois: The Dryden Press
Draguish Alex N, Jorsen D. Rasmussen and Joel C. Moses (1991). Major European
governments, 8th Edition, Pacific Grove, California, Brooks/Cole Publishing Company
37
Introduction to the Report of the Constitution Drafting Committee containing the draft
constitution, Volume 1, Lagos; Federal Ministry of Information, Printing Division, 1976.
Macridis, Roy C. (1968). "Political Executives” In International Encyclopaedia of the Social
Sciences. New York: Macmillan.
Macridis, Roy C. and Bernard of Brown (1986). Comparative Politics: Notes and Reading Sixth
Edition, Brooks/Cole Publishing Company
Nwabueze, B.O (1983). Federation in Nigeria under the Presidential Constitution, London:
Sweet and Maxwell.
Oyediran, Oyeleye (1979): The role of the legislature in the 1989 Constitution: A plea for Re-
examination, the Guardian 27 and 28 July 1990 and Quarterly Journal of Administration
, Vol. XXIII, No 3.
Oyediran, Oyeleye (2007). Introduction to Political Science. Ibadan: Oyediran Consults
International.
38
Study Session 4: The Structure of Government:
The Judiciary
Introduction
The arm of government that interprets the law is called the judiciary. This is the third arm of
government. It has the basic responsibility of adjudicating disputes between the other branches of
government, the legislature and the executive or between the citizens and government, or among
citizens. In the judiciary, the watchword is "justice delayed is justice denied". The judiciary must
be impartial, knowledgeable and honest. There should be no miscarriage of justice whenever it is
being dispensed. The judiciary is the hope of the society.

At the end of the study session, you should be able to:
4.1 Describe the organization of the judiciary.
4.2 Examine the legal system and political process.
4.3 Mention the functions of the judiciary.
4.4 Explain the independence of the judiciary.
4.5 Enumerate the control of the judiciary.
4.1 Organisation of the Judiciary at the Federal and the State Level
SUPREME COURT
FEDERAL COURT OF APPEAL

39
FEDERAL HIGH COURT

APPEALS FROM THE NEXT COURTS GO
TO THE FEDERAL COURT OF APPEAL
STATE HIGH COURTS OR HIGH

COURTS
MAGISTRATE (CUSTOMARY AND

SHARIA COURTS)
Organogram of the Judiciary at the Local Level
AREA OR CUSTOMARY AND SHARIA COURTS
Whether at the federal, state or local levels, the judiciary decide cases at the law courts. At the
federal level, the judicial arm of government comprises the Supreme Court (the apex court in
Nigeria), the Federal Court of Appeal and the Federal High Courts. The Chief Justice of the
Federation is the head of the judicial arm of government at the federal level. Appealed cases
from lower courts are forwarded till they reach the Federal Court of Appeal.
At the local government level, we have the Customary or Area or Sharia courts. There is the
National Judicial Council that has the mandate to supervise and regulate the courts operations.
4.2 Legal System and Political Process
40
There is no doubt that the legal system is central to the political process as it regulates the
conduct of the political actors. Political process involves the government formulating policies
that can guarantee the general well-being of the citizens. In the political process, the tenets of
separation of powers should be held in high esteem. The implication is that the legislature should
make laws, the executive should enforce the laws while the judiciary interpret them. These
constitutional powers and functions should be distinctly performed without any encroachment
from any quarters.
The primary concern of the legal system in the political process is that the government put up
some institutions like Independent Corrupt Practices Commission (ICPC) and the Economic and
Financial Crimes Commission (EFCC) to try any corrupt persons. In the same vein, under the
military regime of General Ibrahim Babangida, Decree NO 43 of 1988 was promulgated for the
civil service reforms. Furthermore, there is the Pension Reform Act, 2004 which abrogated the
Pension Act of 1979 and establishes a uniform contributory pension system that will be used by
both the private and public sector workers.
There was also the SERVICOM charter that was established July 2004. This charter represents a
social contract between the government and the governed. It enables the later the right to demand
for good services. There was also the enactment of the Public Enterprises Privatization and
Commercialization Act of 1999 to restructure, rationalize, re-orient and initiate the gradual
process of releasing public enterprises to the private sector.
For the purpose of illustration, the following public officials/ politicians were tried for corruption
cases. The first female speaker was tried for N629m contract scandal; the former inspector
general of police, Mr. Tafa Balogun was tried for misappropriating of police fund, worth N90
billion. The former speaker and his deputy Mr. Dimeji Bankole and Alhaji Nafada were equally
tried for corrupt practices. Farouk Lawan was tried for fuel subsidy scam.
4.3 The Functions of Judiciary

1. The judiciary interprets the law. The court judges interpret the laws of the state and the
extant ones to treat respective cases.
41
2. As a check on the executive and legislature, the judiciary has the mandate and power to
review some of the activities of the remaining two arms of government.
3. The sanctity of the constitution is in the hands of the judiciary. It has the power to
determine whether the constitution has been violated or not. It equally protects the
constitution.
4. The judiciary is believed to be the last hope of the common man. It must safe-guard the
fundamental human rights of every citizen. The aggrieved citizen has the right to go to
court and seek redress which must be entertained. The judiciary ensures that your rights
are not encroached upon and also guarantees the liberty of the citizens.
5. The court applies the instruments of writ and restraining order to prevent wrongful acts in
the society. The judiciary or the court ensures that laws are not violated by the citizens or
the foreigners residing in that country.
6. The court has the power to determine the fate of cases. In some cases, fines, jail sentences
or discharge and acquittal judgments may be pronounced by the court judges.
7. Disputes can be settled at the law courts by the judges. Such disputes may be between
private individuals and the government. Courts have the power to adjudicate on civil and
criminal cases.
8. The judiciary equally interprets the constitution.
9. The judiciary protects the citizens against arbitrary laws and abuse of power.
4.4 The Independence of the Judiciary

The connotation of independence of judiciary means that the law court and the judges are given
latitude to perform their work without fear or favour. The other two arms of government, the
executive and the legislature, must not interfere in the affairs of judiciary. The implication of the
foregoing is that judges must be independent and impartial when dispensing justice.
For the purpose of illustration, it is only the independent judiciary that can ensure the citizens
freedom and guarantee their rights in the face of a tyrant or dictatorial head of state. For the
judiciary to be independent, the appointment of judges and magistrates must not come from the
executive or legislature. The arbitrary control of judiciary by the executive should be
exterminated.
42
It is expected that independent judicial commissions should appoint judges and magistrates and
also give them promotion. If the judiciary must be independent, the salaries and allowances of
judges should come from the consolidated account.
The judiciary must enjoy tenure of office. The judge or magistrate should be removed if found
guilty of gross misconduct like corruption. Security should be given to the judges for the purpose
of protection from intimidation. The judges should be immune from the law.
4.5 The Control of the Judiciary

In one way or the other, the judiciary can be controlled. By controlling the judiciary, the course
of justice can be misdirected or perverted. The executive always wants to have a hand in the
appointment of judges. If this is done, then the executive will be controlling the judges. The
executive will ensure that all its policies are obeyed by the judiciary. To achieve this unpopular
aim, the executive gives appointment to the persons they know. To free the judiciary, political
appointment should be jettisoned. However, the activities of the judiciary can be controlled,
regulated and coordinated by the National Judicial Commission. (NJC).
Another way of controlling the judiciary is through the military decrees. Wherever the military
takes over the government, the constitution of the land will be suspended and parliament (the
legislatures) proscribed. The head of state (military) rules the country with decrees promulgated.
And these decrees cannot be challenged in the court. Sometimes, the executive renders judiciary
impotent by flagrant disobedience of court decisions and orders.
Judges become ineffective when tribunals are set up. Most of the people in the tribunal do not
have knowledge of law, therefore, laws cannot be correctly interpreted by them. Judiciary can be
gagged by the poor working conditions. This singular act can make judges to be collecting bribe.
And bribery is an act of corruption. This negative act brings lack of confidence in the judiciary.
A corrupt judge will surely be involved in miscarriage of justice.
Dictatorial governments often promulgate obnoxious laws through which they interfere in the
activities of the judiciary.
Some courts do not have enough facilities to operate or perform their duties. Such items include
stationery like books, and other facilities like water, electricity, verbatim reporting machines, etc.
43
The judiciary can be effectively controlled by backdating of laws. For instance, in Britain, the
Acts of Parliament is so supreme that no court can question it. Due to this, the parliament can
backdate laws to favour a particular individual. This singular act of the parliament can render
courts useless.
In the contemporary world, especially in the developing Third World countries, there are high
volumes of cases to be attended to. The problem is inadequate numbers of judges to attend to
these cases. Consequently, justice is delayed and when justice is delayed, it is denied.

In this study session, you have learnt that judiciary as the third arm of government interprets the
laws and constitution of the land. It equally adjudicates matters between individuals and
government. The judiciary must be the hope of the common man. It must be seen to be honest,
impartial and adequately knowledgeable. Governments or the executive must not interfere in the
judicial process; therefore, the judiciary should be given a conducive environment to perform
their constitutional responsibilities and must be truly independent. The functions, independence
and control of judiciary were also enumerated.


1. The highest court in Nigeria is called the _______________ .
a) Sharia Court
b) Customary Court
c) Supreme Court
44
d) Court of Appeal

2. In the Federal Court nomenclature, the second highest is
a) Federal Court of Appeal.
b) Customary Court.
c) Supreme Court.
d) Sharia Court.

3. The _____________ has the supervisory mandate over the judiciary
a) National Court Commission
b) National Judicial Commission
c) National Judicial Review
d) National Court Commission

4. Legal system regulates the conduct of political actors.
a) Yes
b) No
c) Either Yes or NO
d) Neither Yes or NO

5. The_________________ interprets the law
a) Legislature
b) Executive
c) Parliament
d) Judiciary
45
6. The non-interference of the executive in the affairs of the judiciary is called
_______________________.
a) The independence of the judiciary
b) Judiciary-executive independence
c) Legislature-judiciary independence
d) Independence of the legislature and judiciary

7. The executive can control the judiciary through its______________
a) Appointment
b) Bills
c) Laws
d) Cases

8. Justice delay is __________________
a) Justice obeyed
b) Justice dispensed
c) Justice done
d) Justice denied

9. The _____________ must be independent, impartial, honest and credible
a) Judiciary
b) Executive
c) Legislature
d) Parliament
10. Judiciary can be controlled through the _______________
a) Backdating of laws
b) Backdatings of cases
c) Backdating of offences
46
d) Backdating of the legislative matters
Section B: Theory
1) Draw the organogram of Federal judiciary.
2) Explain the meaning of independence of the judiciary
3) State four ways that judiciary can be controlled.
4) Write five functions of the judiciary.
47
Answers to Self-Assessment Questions (SAQs) for Study Session 4
1) C
2) A
3) B
4) A
5) D
6) A
7) A
8) D
9) A
10) A
48
Coleman, J.S (1958). Nigeria: Background to Nationalism, Berkley:
University of Carlyon.
Dicey, A.V (1965). Law of the Constitution London: Macmillan
Federal Republic of Nigeria Constitution of Nigeria (1979, 1989, 1999) Lagos: Federal
Government Press
Ibrahim, J. (2002). The National Conference and the Challenge of Developing Democratic
Federalism in Nigeria, in Igbuzor, O and Bamidele, O (eds) Contentious Issues in the
Review of the 1999 Constitution, Lagos: Citizens Forum for Constitutional Reform
(CFCR)
Rodee, et al (1983). Introduction to Political Science, London: McGraw-Hill
Silk, P. et al (1999). How Parliament Works, London & New York: Longman.
The National Assembly: Pillar of Democracy. A Book of Readings (2007), Abuja: The National
Secretariat of Nigerian Legislatures.
49
Study Session 5: Constitution and Constitutionalism
Introduction
Families and social groups work together effectively when guided by specified rules and
regulations. Members of such families or social groups resolve disagreements and achieve
understanding through the framework of the rules and regulations binding them. Generally
speaking, rules and regulations are necessary in any political system to regulate activities and
restrict freedom of the citizens. The rules and regulations will however show the limit of the law
over the exercise of power in the state. Therefore, the power, its division and the freedom of
citizens are always spelt out in a nation's constitution. However, since the constitution exists
primarily to protect the rights of citizens and to limit the powers of those entrusted with
authority, its character will ultimately be determined by what rights and powers are accepted by
the country as being important.

At the end of this study session you should be able to:
5.1 Define the concept of constitution.
5.2 Identify the sources of constitution.
5.3 Highlight the characteristics of constitution.
5.4 Discuss the types of constitutions, their advantages and disadvantages.
5.5 Explain the concept of constitutionalism.
5.6 Enumerate the factors that promote constitutionalism.
5.1 The Concept of Constitution

Constitution refers to the general rules, principles and regulations according to which a society is
governed. It is the sum-total of the rules and regulations peculiar to the set-up of a society and by
which it governs itself. The constitution is effective when the liberty and freedom of the citizens
are protected. A constitution is a political document that embraces the power of the elected
officials and the distribution of such power among the other bodies.
50
Moreover, a constitution is a body of laws under which a country is governed. These laws are
derived from the customs, usages and convention of the people inhabiting such a country. A
constitution may be defined as a set of rules which establishes the institutions of the state, define
their power, sets limits on their powers and defines the rights and duties of the citizens. It may
also be seen as the supreme law which regulates the government of a state. In short, a
constitution is a set of codified rules establishing the institutions of government, laying down the
procedure according to which the institutions are to operate and determining the relationship that
should exist between the institutions. The rulers derive their power from the constitution and are
therefore required to operate within the ambit of the law. In order words, the history, geography,
social structure, economy, religious beliefs and racial composition of a country determine the
nature and character of a country’s constitution.
5.2 Sources of Constitution

In all societies, constitutions are usually derived from the following sources:
1) Act of Parliament: Laws made by the legislature/parliament constitute a major source of
constitutions. They deal with the power of government institutions and the rights of
citizen. The act of parliament is legal; it is the only organ of government that is
empowered under the law to make laws. Those laws are called Acts of Parliament.
Examples are the Habeas Corpus Act (1679) in Britain and the Bill of Right (1689).
2) Judicial Precedents: The doctrine of judicial precedent is based on the principle of ‘stare
decists,” that is, stand by past decisions and do not disturb things at rest. It means that the
decisions of the higher courts are binding on the lower court. Therefore, such decisions
can be used as reference points for the other courts to use as a guide in their judgements.
3) Customs and Conventions: The values, attitudes and beliefs of the people in the society
can equally serve as a guide and eventually become accepted norms of that society. These
may contribute parts of the laws that govern that society. But such customs should not be
repugnant to natural law of justice.
4) Intellectual Property: The work of various scholars and philosophers may equally serve
as a guide and become laws that will regulate the behaviour of individuals and
government in the society. For example, the works of Professor Baron de Montesquieu,
51
Albert Venn Dicey and Aristotle have shaped the constitutions of many countries in the
world.
5.3 Characteristics of Constitution

The features and characteristics of constitution are the following:
1) A constitution must state the process, functions, limitations and method of changing its
parts.
2) It must specify clearly the functions and powers of the organs of government such as the
legislative, the executive and the judiciary.
3) Every constitution must state clearly the terms, the qualifications of public officials,
persons, or groups who choose them, the procedure to be followed in making the choice
and their tenure.
4) The fundamental human rights of the citizens must be specified in the constitution, and
their freedom to act according to democratization principles should be guaranteed.
5) A constitution must have schedules which are usually found at the tail end of such a
constitution. These schedules provide additional information about certain provisions of
the constitution.
6) A constitution must have sections dealing with interpretations, citation and
commencement of the institution.
7) Every constitution must have sections dealing with citizenship and those who qualify to
exercise the suffrage.
5.4 Types of Constitution

Generally, constitutions may be divided into various types as adopted by different societies. A
constitution may be written or unwritten, flexible or rigid, depending on the prevailing
circumstances in the country:
5.4.1 Written Constitution: This is a set of documents that comprise fundamental rules,
principles and customs according to which a country operates contained in a single
book. Almost all constitutional governments have written constitutions usually in the
form of a single basic document. Therefore, a written constitution is different from an
ordinary law in the sense that it defines the fundamental framework and system of
52
restraint within which the state operates. Thus, a written constitution is referred to as the
supreme law of the land. Examples of countries practicing written constitutions are
Nigeria, the United States of America, Ghana, Canada and India.
5.4.1.1 Advantages of Written Constitution

1) A written constitution helps to protect the rights of the citizens.
2) It also prevents arbitrary use of power since the constitution is clear on the powers and
functions of the political leaders and their limitations.
3) Since it is documented in a single book, people can refer to it to know their rights and
duties.
4) A written constitution is clear and specific and gives the people confidence.
5.4.1.2 Disadvantages of Written Constitution

1) It is difficult to amend a written constitution because the amendment procedure is tedious
and may not meet the political crisis or emergency.
2) It is very expensive to operate and amendment procedure may be difficult as it requires
the consent of the 2/3 majority of the members of the National Assembly.
3) The provisions of a written constitution may not be able to meet the present nor future
needs of the people.
4) The constitution tends to give judges a lot of room to make precedents or judge made
laws through the interpretation of constitution. This amounts to the usurpation of the
constitutional powers of the legislature to make laws by such judges.
5.4.2 Unwritten Constitution: This constitution connotes the idea that while some aspects of the
constitution are written down, others are not written down in one single document; hence
one cannot lay hands on an unwritten constitution as a whole. Therefore, the parts that are
written are called conventions or customs. An unwritten constitution thus consists of
customs and conventions which are reinforced by judicial precedents. The British
Constitution, for example, is said to be unwritten largely because many of the written
laws are not codified and many of the laws are not writable, i.e. they cannot be written.
Other countries that operate unwritten constitutions are New Zealand and Israel.
5.4.2.1 Advantages of Unwritten Constitution
53
1) It allows for quick decision and legislation of law.
2) It is suitable for administering a small homogenous state.
3) It can easily be changed to meet changing circumstances.
4) It can be adapted to meet the needs of all classes of people in the country.
5.4.2.2 Disadvantages of Unwritten Constitution

1) It is not suitable for a large heterogeneous country like Nigeria, which has different
peoples, cultures, languages and religions.
2) It does not protect the interest of the minority.
3) The constitution is not definite; an ambitious leader may abandon it and become a tyrant.
4) Since the laws are many, it may be difficult for the citizens to know their rights and
duties.
5.4.3 Rigid Constitution: It is a constitution that requires special procedure for its alteration or
amendment. The amendment procedure of this constitution requires 2/3 majority of the
National Assembly. This type of law is used to back the creation of states and local
governments. Since the laws have been entrenched, it is very difficult to change them.
Some sections of the constitution are more difficult to amend than others. An example is
the provision of fundamental human rights in Ghana.
5.4.3.1 Advantages of Rigid Constitution

1) The constitution guarantees and protects minority interests
2) Rigid constitution prevents the emergence of dictatorship government.
3) It is suitable for a large heterogeneous society.
4) The constitution protects and asserts the hope and aspirations of people and confidence of
people.
5.4.3.2 Disadvantages of Rigid Constitution

1) Rigid constitutions are difficult to apply during the period of state of emergency.
2) The cost of amending such constitutions is very expensive to bear for poor nation.
3) Its usefulness are very limited since is meant for only entrenched clauses such as creation
of state and fundamental human rights.
4) The constitution is not dynamic. Since a good constitution must be subjected to at least
periodic changes.
54
5.4.4 Flexible Constitution: This is a constitution whose amendment procedure is very easy.
The amendment is by simple majority, that is, ordinary legislative process. And it does
not require a special procedure. The British constitution is said to be flexible.
5.4.4.1 Advantages of Flexible Constitution

1) It ensures that new ideas and new circumstances are reflected during the amendment of
the constitution.
2) In such a constitution, the chances of generating constitutional conflicts are minimal.
3) It can be easily adapted to suit changing circumstances.
4) The cost of amending the constitution is relatively low.
5.4.4.2 Disadvantages of Flexible Constitution

1) The constitution may allow possible suppression of minority views.
2) Hasty amendment of the constitution may gradually lead to the emergence of a dictator.
3) The easy procedure for amendment may also lead to instability and unrest.
4) Because of its flexibility, it may become highly susceptible to manipulation by self-
seeking politicians.
5.5 Concept of Constitutionalism

Constitutionalism refers to the regulation of political life within a state by means of a
constitution. As a concept, constitutionalism means limited government which means a system of
restraint on both the rulers and the ruled. Constitutionalism deals with the rule of law.
Constitutionalism represents a strict adherence to the provision of the constitution by both the
rulers and the ruled; it emphasizes that the constitution is superior to any other power in the
political system. Constitutionalism says that not only should these limits be recognized and
accepted by the government, the fundamental human rights of the citizens should also be
recognized and guaranteed.
5.6 Factors that Promote Constitutionalism

The factors that promote constitutionalism are as follows:
55
1) Division of Powers: In order to ensure transparency and accountability, there must be
division of power, i.e. the powers of government must be separated so as to allow checks
and balances in the system.
2) Representation: Those in government must conduct themselves as representatives of
their constituencies.
3) Accountability to the Electorate: The government must give account of their
stewardship to the people that voted them to power. They must be accountable to the
people.
4) Procedural stability: It means certain rules and provisions of the constitution must not
be subject to frequent and arbitrary changes. If constitutional government is to be
sustained, changes must occur according to rules and regulations.

In this study session, you have learnt the concept of constitution and also identified sources of
constitutions. Moreover, we have discussed types of constitutions and the advantages and
disadvantages of each. The study session has been able to explain the concept of
constitutionalism. Lastly, factors that promote constitutionalism were also enumerated.
Self-Assessment Questions (SAQs) For Study Session 5

Now that you have come to the end of this study session, do you know how well you have fared?

1. _____________contains a general rules, principles and regulation by which society is
been governed.
(a) Legitimacy
b) Sovereignty
c) Constitutionalism
56
d) Constitution

2. The rulers derive their power from the _________________
a) Written
b) Flexible
c) Constitution
d) Rigid

3. Constitutions are usually derived from _____________ source
a) Sovereignty
b) Judicial Precedents
c) Authority
d) Legitimacy

4. All are the sources of constitution except ______________
a) Legitimacy
b) Act of Parliament
c) Customs and convention
d) Intellectual work.

5. All are the characteristics of constitution except ________________
a) A constitution must have schedules.
b) A constitution must have section dealings with interpretation and citation.
c) A constitution must state the powers, function and limitations of organs of
government.
d) A constitution must be flexible and rigid.
57
6 A _____________ is a set of values, attitudes, norms, customs and convention which are
not documented in a single booklet
a) Flexible constitution
b) Rigid constitution
c) Unwritten constitution
d) Written constitution

7. A constitution that requires a special procedure for its amendment and alteration is
called ___________________
a) Federal constitution.
b) Unitary constitution.
c) Rigid constitution.
d) Written constitution.
8 A/An ________________ is a constitution whose amendment procedure require simple
majority
a) Unwritten constitution.
b) Flexible constitution.
c) Written constitution.
d) Unwritten constitution.

9. ___________________ represents a strict adherence to the provision of the
constitution by both rulers and the ruled
a) Legitimacy
b) Authority
c) Constitution
d) Constitutionalism

10. All are factors that promote constitutionalism except:
58
a) Division of powers.
b) Accountability to the Electorates.
c) Rigidity and Flexibility.
d) Representation.

1) D
2) C
3) B
4) A
5) D
6) C
7) C
8) B
9) D
10) C
59
Akinbade, J.A (2008). Government Explained (Plus Questions and Answers), Lagos: Macak
Book Ventures.
Anifowose, Remi and Enemuo Francis (eds). (1999). Elements of
Politics, Lagos: Malthouse Press Ltd
Diamond, Larry; A. Kirk- Greene and Oyeleye Oyediran (eds) (1997). Transition Without End:
Nigerian Politics and Civil Society under Babangida, Ibadan: Vintage Publishers.
Odumosu, O.I. (1963). The Nigerian Constitution: History and Development, London: Sweet and
Maxwell.
Ologbenla, D.K. (2001). Introduction to Political Science, Lagos: Olucity Press Ltd.
Oyediran, Oyeleye (2007). Introduction to Political Service Ibadan: Oyediran Consult
International.
60
Study Session 6: Citizenship
Introduction
Since the state is a human organization made up of people that reside within a territory,
membership of a state is compulsory once an individual is born into it unless the individual
changes his/her nationality. It is therefore important that a certain number of people must
occupy the state. This will promote the efficiency and efficacy of such a state as the people
interact with one another. Those that interact within a given territory are referred to as citizens.
Citizenship is the membership of a state with certain liberties and rights; living within a
particular city or town.

6.1 Define the concept of citizenship.
6.2 Identify the means of acquired citizenship.
6.3 Discuss the rights, duties and obligations of citizens.
6.4 Enumerate the rights and obligations of government.
6.5 Mention the limitation to the rights of a citizen.
6.1 The Concept of Citizenship

Citizenship is the term which is used to express the status of individuals who possess full
political rights in a state. A citizen enjoys a more privileged position when compared with non-
citizens. The concept of citizenship also means an exchange. In this regard, the parties that are
involved in this exchange are the state and the individuals who are members of the state.
Therefore what the individual owes the state is what is regarded as his duties or obligations. On
the other hand, those things which the state is bound to do for the individual are regarded as the
right of citizenship. Citizenship is therefore based on an exchange of right and duties. In a
nutshell, a citizen is a legal member of a society with certain rights and duties.
6.2 The Means of Acquiring Citizenship

Citizenship of a state may be acquired either by birth, naturalization, marriage or conquest.
61
a) Citizenship by Birth: The commonest way of acquiring citizenship is through birth; that
is, individuals who born to parents who are citizens of a state acquire the citizenship of
that given state by the fact that they are born within the territories of that state even
though their parents may be citizens of another state or community.
b) Citizenship by Naturalisation: Citizenship can also be acquired through naturalisation.
In this case, individuals that are already citizens of another state may want to opt out or
renounce membership of that state and apply for membership of another state of their
choice. This type of citizenship is however not automatic. It is always subject to the
approval of the government of the state to which an individual would want to acquire its
membership. For example, a British national that want to acquire Nigerian citizenship
must apply to the government for necessary approval.
c) Citizenship by Marriage: This is the process in which an individual of a particular
country that is legally bound by marriage to a spouse of a different country of origin
reserves the right to claim the citizenship of either of the two countries or both in which
he/she becomes a citizen (where it is allowed).
d) Citizenship by Conquest: Citizenship of certain individuals may also be changed by
conquest. For instance, the African who lived in Senegal in the 19th century during the
French colonial exploitation became French citizen due to the adoption of the policy of
assimilation by the French. This became altered shortly before the end of colonial rule.
e) Honorary Citizenship: The government of a country may honour any eminent person or
a distinguished political figure with the right of citizenship of that country, e.g. Mariam
Makeba and John Fashanu.
6.3 Rights, Duties and Obligations of the Citizens

The citizen enjoys all the rights provided by the state. In order to reciprocate this gesture, the
citizen in turn is obliged to perform certain duties and obligations to the state. This is because
every right or privilege entails a responsibility. Therefore, if a citizen does not perform his
duties, he is invariably infringing on the rights of other individuals in the state. For instance, a
citizen must pay tax in order for him to enjoy basic amenities that may be provided by the state.
6.3.1 Rights of the Citizen
62
These are the basic rights given to the citizens of a nation by the government. Generally, in a
democratic society, one of the major aims of government is to improve the social condition of
the citizens both physically and morally. This is made possible by the rights accorded citizens in
the constitution. For example Nigeria constitution makes provision for fundamental human
rights. So also, the adoption of a Universal Declaration of Human Rights by the United Nation
Organization (UNO) in 1948 provided several rights for the citizens in the country. These rights
include the following:
1. Right to life;
2. Right to dignity of human person;
3. Right to personal liberty;
4. Right to fair hearing;
5. Right to private and family life
6. Right to freedom of thought, conscience and religion;
7. Right to freedom of expression and the press;
8. Right to peaceful assembly and association;
9. Right to freedom of movement;
10. Right to freedom from discrimination;
11. Right to acquire and own immovable property anywhere in Nigeria
It is instructive to note that many people find it easy to claim their rights but difficult to perform
their responsibilities, particularly to the state. There are rights that are usually guaranteed and
enforceable by law. These are (a) Political Rights which deal with participation in political
activities which include right to vote and be voted for, right to belong to an association or
organization such as a political party, etc. (b) Social Rights including social responsibilities on
the part of the government such as provision of social amenities, e.g. health, education,
employment opportunities, etc. (c) Natural Rights are rights which are inherent in the individual
such as right to live and own properties as was stipulated in the 1999 Nigeria constitution.
6.3.2 Duties of the Citizen

We know that citizens have right, but before they can enjoy these rights they must perform some
duties. There is no government that can survive when its citizens refuse to perform their duties.
63
This cooperation of the citizens is an essential ingredient to the success of any government. At
all times, government need the financial, human, moral and political support of her citizens to be
able to promote welfare, since it is agreed that the duties of government or citizens will allow
proper and smooth functioning of government in which citizens are the beneficiary. The citizens
in return for rights and liberties granted them, have certain obligations and duties to the state.
Most important among these are :
(a). Allegiance to Duty - The first duty of a citizen to his country is that of allegiance to
the sovereign which personifies the state. Oath of allegiance is required of some citizens.
For example, members of the parliament, armed forces, government officials and aliens on
naturalization.
(b). Payment of Tax - Every loyal and law abiding citizen should fulfil his civic duty
by paying his tax regularly and accurately. Any refusal to honour this civic obligation may
impede the smooth functioning of government.
(c). Emergency Military Service - It is also a legal obligation to the citizens to serve in the
armed forces of their countries during emergency periods if they are called upon. Though
this is often voluntary, the duty of participating in the defence of one`s community or state
during the war is to defend the country from attack either within or outside.
(d). Political and Civil Obligation - Every grown up citizen who has fulfilled the
conditions imposed by law is expected to exercise his political and civil obligation during
election by casting his vote or standing for election i.e. to vote and be voted for.
(e). Absolute Obedience to Law of the Land - A good citizen must respect the law of the
land in order to avoid chaos. He must always be in the assistance to sustain the main
tenets of law and order. A good citizen must be able to recite the national pledge and
show respect to the national flag.
6.3.3 Obligations of the Citizen

An obligation is a duty which a citizen is expected to perform without the force of law; that is,
such responsibilities that do not come with punishment or from the constitution of the country.
These are civil obligations of a citizen:
1. Assisting people in time of needs.
2. Having respect for elders and constituted authorities.
64
3. Showing kindness to others.
4. Protecting public property.
5. Being a good ambassador of your country.
6. Protecting the lives of others.
6.4 Rights and Obligations of the Government

It is important to note that as citizen have certain rights, duties and obligations, the government
also enjoys certain rights and equally performs certain obligations which are:
6.4.1 Rights of Government

1. It is the right of the government to protect lives and properties.
2. The government has the power to make laws for the country.
3. Government defends the country from both internal and external insurrection.
4. It maintains law and order through the use of law enforcement agents.
5. It controls all the mineral resources of the country.
6.4.2 Obligations of Government

1. To protect lives of its citizens from both internal and external aggression, through the use
of armed forces.
2. The government owes a duty of providing such social services like hospitals, schools, etc.
3. It should promote even development of all parts of the country.
4. It is expected to build a nation where the people will have a sense of belonging
5. To ensure the security and welfare of the people.
6.5 Limitations to the Rights of a Citizen

It is instructive to note that just as one may acquire citizenship, one can also lose it. For example,
conviction for treason may result to loss of a person's citizenship. There is also negative state
espionage, that is, spying against one country, which may result to an individual loss of
citizenship.
A close examination will reveal to us that a citizen's right should not infringe on the rights of
other citizens. Our freedom of expression for instance does not authorize libel or slander.
Similarly, our freedom of movement does not allow us to trespass. This is why it is usually
65
stated that where one man’s right to swing his hand ends where the other man’s right to defend
his nose begins. Fundamental human rights are basic rights which a state accord to each of its
citizens irrespective of his/her race, place of origin, political affiliation, colour, creed or sex and
which a modern state embodies in its constitution.
It is obvious that there are certain interference with personal freedom of citizens which are
necessary for the maintenance of law and order. For example, in term of emergency, the number
of things citizens may do without breaking the law is severally curtailed by the government's use
of emergency power. The limitation to the rights of the citizens are as follows:
Freedom of Expression: If a citizen oversteps the limit of freedom of expression, he may be
liable to an action of slander if in words, or a liable if they are written. Hence, sedition, libel,
leakages of official secret, incitement to disaffection, contempt of the court, blasphemy, etc. are
all limitations of freedom of expression.
Freedom of Assembly – The right to hold public procession is limited by what the law allows.
Any meeting of three or more persons for a common design, even if it is lawful, may constitute
an unlawful assembly if it is likely to involve disorderliness, violence or riot etc.
Freedom of Association – A communal conspiracy is an agreement to do unlawful act, or to do
lawful act by unlawful mean. In this wise, it could be criminal to belong to an association if the
aim of the association or what it stands for is not in the interest of the community.
Freedom of Religion – Freedom of worship to hold religious belief or none at all is permissible
in law, in as much as much as an individual decision does not infringes negatively on the right of
others.
Conviction on Offence – A citizen can be deprived of his right when he is found guilty by the
law court of a criminal offence. Such a citizen can therefore be sentenced and kept in a prison.
Secondly, if there is reasonable suspicion of having committed or about to commit criminal
offences, a citizen can be detained pending the conduct of investigation.
Detention on Sickness - The right of a citizen can also be restricted for the purpose of care of
treatment or for the protection of the community, where a person is of unsound mind, insane or
addicted to drugs. Also, a person can be detained for the purpose of preventing the spread of
infection or a contagious disease.
66
Restriction on Emergency - When the security of the state is threatened, the state of emergency
can be declared. In fact, most governments reserve the right to detain without trial of a person
considered to hold a view or acting in a manner contrary to the interest of the state. If need be, a
dusk-to-dawn curfew may be imposed in the state and citizens cannot move freely during the
hour under curfew.
Summary Of Study Session 6

In this study session, you have learnt the concept of citizenship. We have identified the means of
acquiring citizenship. Rights, duties and obligations of the citizens were also enumerated. We
have also analysed the rights and obligations of the government. Finally, we have examined the
limitations to the rights of a citizen of a country.


1. _______________ is the term which is used to express the status of individuals
who possess full political right in the state
a) Naturalisation
b) Dual citizenship
c) Citizen
d) Citizenship

2. Those things that a state is bound to do for individuals in the state is regarded as
________________
a) Obligation of the citizenship.
b) Right of the citizenship.
67
c) Duties of the citizenship.
d) Obligations of the government.

3. An individual that is already a citizen of another state may want to renounce membership
of that state and apply for membership of another state of his/her choice. This is regarded as
_____________
a) Honorary citizenship.
b) Citizenship by registration.
c) Citizenship by naturalization.
d) Citizenship by conquest.

4. All are means of acquiring citizenship of a country except ______________
a) Citizenship by nationalisation.
b) Citizenship by registration.
c) Citizenship by birth.
d) Citizenship by conquest.

5. A Ghanaian who stays in Nigeria and gives loyalty to Nigeria through application to the
appropriate ministry or a government department for official recognition is known as a
______________________
a) Citizen by conquest.
b) Citizen by registration.
c) Citizen by naturalization.
d) Citizen by marriage.

6. All are the rights of the citizen of the country as enshrined in the 1999 Nigeria
constitution except _______________
a) Right to vote and be voted for.
68
b) Right to freedom of thought, conscience and religion.
c) Right to freedom of expression and the press.
d) Right to peaceful assembly and association.

7. All are the obligations of the citizen of the country except _______________
a) Protection of public property.
b) Respect for elders and constituted authorities.
c) Protecting the lives of others.
d) Respect the interests and rights of other citizens.

8. One of the rights of any government is to _________________
a) Maintain law and order.
b) Promote even development of all part of the country.
c) Protect lives and properties.
d) Defend the country from both internal and external insurrection.

9. All are the obligations of a government except:
a) To control all mineral resources of the country.
b) To protect lives of its citizens from both internal and external aggression.
c) To provide infrastructural facilities for the betterment of the people.
d) To build a nation where the people will have a sense of belonging.

10. Freedom of expression can be curtailed through _____________ .
a) Declaration of state of emergency
b) Detention without trial
c) Libel and slander
d) Blasphemy and litigation
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Answers To Self-Assessment Questions For Study Session 6
1. D
2. B
3. C
4. A
5. C
6. A
7. D
8. B
9. A
10. C
70
Akinbade, J.A (2008), Government Explained (Plus Questions and Answers), Lagos: Macak
Book Ventures.
Politics, Lagos: Malthouse Press Ltd.
Diamond, Larry; A. Kirk-Greene and Oyeleye Oyediran (eds) (1997). Transition without End:
Oyediran Oyeleye (2007). Introduction to Political Service: Ibadan Oyediran Consult
International.
71
Study Session 7: The Constitutional Framework of Government
The Theory of Separation of Powers
Introduction
The theory of separation of powers was propounded by a French man named Baron de
Montesquieu in his book titled “The Spirit of Laws” (Espirit des Lois). Montesquieu was greatly
interested in the preservation of human rights and liberty. The concept means that the three
organs of government, i.e. the legislature, executive and judiciary should not be consolidated or
entrusted into one hand or group of persons. This is to say that the three organs of government
should be undertaken and run by different and separate persons. However, the theory was saying
that if the legislative and the executive power are exercised by the same body of persons there
may be danger of tyranny, arbitrary oppressions, all which may amount to despotism and
dictatorship government.

7.1 Discuss the concept of separation of powers
7.2 Define separation of powers as a system of government.
7.3 Mention purpose of separation of powers
7.4 Explain separation of power under Presidential system of government
7.5 Describe separation of Power under Parliamentary system of government.
7.1 Concept of Separation of Powers

It is pertinent to divide the activities of a modern day government into three parts: legislature,
executive and judiciary. Also, there are three organs of government, i.e. legislature, executive
and judiciary. The functions of the legislature are to make, amend and repeal laws. The theory of
separation of powers in its simplest form implies that all these three functions should be
entrusted to three different authorities or organs. The three organs of government should be kept
separate and distinct. One organ should be independent of the control of others and each organ
should be supreme in its own sphere of authority. The theory further states that combination of
any two or all the three powers in a single person may result in tyranny and loss of individual
liberty. Generally speaking, in order to preserve the liberties of the citizens in the country, the
72
three powers of government must be performed by different person or body of persons.
Essentially, what the theory is meant to ensure that the administration of a country is handled
perfectly by different body of persons. This in essence will promote the smooth running of the
government. The power of government, as observed by Montesquieu, will be misused if allowed
to be handled by a single person or body of persons.
7.2 Meaning of Separation of Powers as a System of Government

Through the theory of separation of powers, Baron de Montesquieu defines separation of powers
as a system of government by which the legislature, executive and judiciary are each separate in
terms of functions and membership. Montesquieu warned that under no circumstance should any
two or more functions be performed by one person or body of persons since such practices will
make the liberty of the citizens to be eroded and thereby encourage tyranny which is as a result
of the fusion of powers. Montesquieu further argued that where there is fusion of powers such
that the powers vested in the legislature are equally given to both the executive and the judiciary,
the freedom and liberty of the citizens will be jeopardised. Therefore, separation of powers is
meant to prevent despotism, tyranny and dictatorship government. From the Montesquieu
postulations, separations of powers may be said to mean three things:
1) On no condition should any organ of government control or interfere with the work of the
other. That is, the three organs of government should be independent of one another.
2) No organ of government should perform the functions of the other.
3) That there should be no fusion of powers whatsoever or in any form. The same set of
persons should not be members of more than one organ; e.g. a minister who is a member
of the executive should not be a member of the legislature.
7.3 Purpose of Separation of Powers

The reasons of separation of powers are as follows:
1) It prevents arbitrary rule.
2) It helps to strengthen the independence of the judiciary
3) It equally helps to protect the liberty of the citizens.
4) The theory of separation of powers prevents the legislature from making oppressive and
obnoxious laws. If it does, the executive (President) which is a different branch of
government may not assent to it.
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5) Separation of powers guarantees the freedom of the citizens in a given country or society.
7.4 Separation of Powers under Presidential System of Government

The principle of separation of powers was first adopted by the United States of America (USA)
under the 1787 constitution which, among other things, provided for a presidential system of
government. Majority of the countries in Africa, and Nigeria in particular, also adopted the
presidential model of government similar to the United State of America. Therefore, separation
of powers has now become an integral part of the Presidential system of government. The
characteristics of the principle under a presidential system including the following:
1) Executive powers are vested in the President.
2) A member of an organ of government cannot belong to another branch at the same time.
3) The legislature (National Assembly in Nigeria or Congress in the USA) has exclusive
responsibility to make laws. Thus, no other organ of government is vested with the
powers to make laws.
4) On no condition would a member of legislature perform the functions of the executive or
the judiciary.
5) The principle of separation of powers is guaranteed in the presidential system of
government.
6) Independence of the judiciary is equally guaranteed in the presidential system of
government.
7) Moreover, the principle of separation of powers provides opportunity for checks and
balances of powers on the part of each organ in the presidential system of government.
8) There is the principle of individual responsibility which means the president will be
directly responsible for any action under his administration which may likely lead to his
sole resignation.
7.5 Separation of Powers under the Parliamentary System of Government

It is the belief of the generality of the people that the principle of separation of powers is not
known under the parliamentary system of government. The reason for this is that there is no clear
74
cut separation of powers between the legislature, executive and judiciary in terms of functions
and membership. Therefore, there is a fusion of powers between the executive and legislature.
The characteristics or the principles under a parliamentary system of government include the
following:
1) There is fusion of power between the executive and the legislative. The ministers are
members of the parliament because before you can become a minister, you must first of
all be a member of parliament. This is a negation of the principle of separation of powers.
2) In parliamentary system of government, the party with the majority in the house forms
the government (Executive). This means that the people who make laws are equally
responsible for the implementation. This also negates the principle of separation of
powers.
3) There is principle of collective responsibility of the executive to the parliament. Thus, the
executive is directly responsible to the parliament for all its actions or any act of
omission.
4) In Britain, for instance, the President of the House of Lords, i.e. Upper House in the
legislature, is the Deputy Prime Minister in the executive arms of government.

In this session, you have learnt the concept of separation of powers as propounded by Baron de
Montesquieu. We have been able to define separation of powers as a system of government. The
study session emphasized purposes of separation of powers. Moreover, the study session has
been able to explain both separation of powers in presidential and parliamentary system of
government.

Having studies this session, you can assess how well you have achieved its learning outcomes by
answering the following questions. Attempt the questions carefully and discuss them with your
tutor at the next study support meeting. You can equally access the answers at the end of this
course material.
75
1. The principle of separation of powers was made popular by?
a) Aristotle.
b) Thomas Hobbes.
c) John Locke.
d) Baron de Montesquieu.

2. The concept of separation of powers revolve under_______________
a) Government, State and Police.
b) Federalism, Unitarism and Confederation.
c) Legislature, Executive and Judiciary.
d) Presidentialism, Parliamentarism and Military.

3. Theory of separation of powers implies____________________
a) Fusion of power.
b) Tyranny and despotism.
c) Dictatorship.
d) Independent of organs of government.

4. Separation of power is best practice in ______________
a) Parliamentary system.
b) Presidential System.
c) Monarchical System.
d) Military System.

5. All are the purposes of separation of powers except_____________
a) It encourage fusion of powers.
b) It prevent arbitrary rule.
76
c) It strengthen the independence of judiciary.
d) It protect liberty of the citizens.

6. Separation of powers under presidential system of government originated from
_______________________
a) France.
b) Britain.
c) Canada.
d) United States of America (USA).

7. All are the characteristics of separation of power under presidential system of
government except ________________
a) Independence of judiciary.
b) Checks and balance.
c) Fusion of power.
d) Individual responsibility.

8. One of the major characteristics of separation of power under the parliamentary
system of government is ________________
a) Collective responsibility.
b) Individual responsibility.
c) Checks and balances.
d) Independence of judiciary.

9. Separation of powers in parliamentary system of government originated
from________________
a) USA.
b) Canada.
77
c) Australia.
d) Great Britain.

10. In _________________ system of government, a minister is as well a member of
the legislative house.
a) Monarchical system
b) Democratic System
c) Parliamentary System
d) Presidential system
Answers to Self-Assessment Questions For Study Session 7
1) D
2) C
3) D
4) B
5) A
6) D
7) C
8) A
9) D
10) C
78
Akinbade, J.A. (2008), Government Explained (Plus Questions and Answers), (Lagos: Macak
Book Ventures.
Diamond, Larry; A. Kirk-Greene and Oyeleye Oyediran (eds) (1997). Transition without end:
Nigerian Politics and Civil Society under Babangida, Ibadan: Vantage Publishers.
Oyediran Oyeleye (2007). Introduction to Political Service. Ibadan: Oyediran Consult
International.
79
Study Session 8: The Constitutional Framework of Government
The Rule of Law and the Political Process
Introduction
The development of the principles of rule of law is associated with Professor Albert Venn Dicey
in 1885. He defined the concept of rule of law as total absence of tyranny, despotism,
arbitrariness and dictatorship government. This is to say that every government activities must be
legal, i.e. constitutional. The law is therefore developed to ensure that state power is not
exercised to the detriment of the rights and freedom of the citizens. Therefore, law has been
regarded as a primary means of subjecting government to control. Thus, both the government
and the governed should all be subject to law. It is this idea of the supremacy of law to both the
ruled and the ruler, which has brought up the cliché that the law must rule means the rule of law.

8.1 Discuss the concept of rule of law
8.2 Explain the basic features of rule of law
8.3 Identity major criticisms of the rule of law
8.4 Itemize limitations of the rule of law
8.5 Discuss the concept of fundamental human rights
8.6 List the fundamental human rights of the Nigerian Citizen
8.7 Enumerate limitations to fundamental human rights
8.1 Concept of Rule of Law

The rule of law means respect for the general order of law. When it is realized that law is the
string that ties the society with peace, then its importance can never be overestimated. For if the
string is loosened, so will peace and order be threatened. Therefore, the concept explains that the
government of the country must be subject of the same law of the land. The rule of law states
that any grievances and complaints should be carefully examined by the court of law and that the
same law should be applicable to every citizen in the society. In a nutshell, the concept of rule of
80
law means a total absence of tyranny, despotism and dictatorship government. It further explains
that the government must adhere strictly to the rules and regulations of the society, and with this
there will be absence of anarchy in the society.
8.2 Basic Features of Rule Of Law

The basic features of rule of law are the following:
1) Equality before the Law: Broadly speaking, law is no respecter of anybody. Irrespective
of position, status or political standard, being government officials, ministers, king or
chiefs, the same law will be applicable all including ordinary citizens. This implies that
no one is above the law. That is, there is no special protection under the law for any
citizen who engages in flagrant violation of the law of the land.
2) Supremacy of Ordinary Law: This means the law of the land is supreme than any other
law. That is, any act considered to be an offence must be prescribed by law. For instance
detention without trial is against the rule of law. Anything arbitrary or not backed by law
is inconsistent with the rule of law.
3) Law of Habeas Corpus: This is the first most powerful guarantee to the citizens liberty.
Under the Act, any person who has been arrested but who has not been convicted of any
crime or offence must be produced before the court judge in order that he may decide
whether the yet-to-be-convicted person may be discharged released on bail or brought up
for speedy trial.
4) Fundamental Human Rights: Individual citizens should be entitled to an exercise of
fundamental rights. Also, citizens should have the right to seek redress in the court of
law. More so, an accused person should be allowed to contact and talk to his lawyer for
the preparation of his defence in the court of law.
5) Availability of Law/Constitution: That provision should also be made for the publicity
of the law so that every citizen would have access to it invariably. Trials of an accused
person must be made open and public and opportunity should be given to appeal against
judgement of the court.
6) Government should rule according to the law of the land.
7) That citizen should be free to criticize the action or activities of the government when
necessary.
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8) Law of the land must not be retrospective, that is, law must not be back dated.
8.3 Criticisms of The Rule of Law

1) Myth of Equality before the Law: George Orwell says “All animal are equal but some
one more equal than the others". The particular assertion is a true reflection of what is
happening in our society. Dicey was unable to distinguish between certain categories of
people in the society by way of economic and social considerations likewise legal status.
For instance, you cannot go to court to claim your right if you have no access to the
services of lawyers. And the services of lawyers do not come cheap, only few can afford
the cost of litigation.
2) Administrative Tribunals: Dicey believed that setting up of administrative tribunals
such as special courts and commission of enquiry are in total violation of the principles of
rule of law. But he forgot that certain administrative issues can be handled more
effectively by such commissions. Commissions of enquiry, whose functions are
sometimes judiciary and delegated legislation, for instance, are essential for the working
of democratic government.
3) Law is the Source of Rights: Dicey's contribution that law is not the source of individual
liberty but the result of individual behaviour is far from the whole truth. Laws are passed
to protect the liberty of the individuals and, in so doing, it provides a source of
enforcement and therefore a source of liberty.
4) Personal Liberties Subordinate to the State: There are no rights except what the state
allows. Moreover, there is a current motion that group interests override individual
interests. Thus, the state has unlimited power which makes nonsense of the inherent issue
of right. Indeed, rights are paper guarantees when the government of a state is in the firm
grip of a dictator.
8.4 Limitations of the Rule of Law

1) Diplomatic Immunity: Foreign diplomats enjoy diplomatic immunity from the law of
the land. That is, they cannot be prosecuted in the country in which they are residing as
ambassadors. Thus, the government can only deport such diplomats for any criminal
offence committed.
82
2) Payment of Taxes: Heads of State and other senior government officials may not pay tax
and other rates on their income while other citizens are compelled to pay taxes and other
rates for the general development of the society.
3) Abuse of Citizens Rights: The Police Force and other law enforcement agencies engage
in flagrant violation of people’s rights by arresting and punishing offenders or accused
person. In most cases, they engage in extra-judicial killing of innocent persons suspected
to be criminals.
4) Delegated Legislation: The system of delegated legislation violates the principle of rule
of law. The regulations are so many that many people may not even know of their
existence. Yet, they have to be enforced like laws made by the legislature. The
consequence is that many people are punished for breaking laws whose existence they are
not aware of. This may be unfair to the ordinary citizens who are not directly connected
with the bodies which make the rules.
5) Military Government: Where there is military rule, it is difficult to apply the rule of law
because immediately the military intervene in democratic governance, the constitution of
the country will be suspended while they rule through decrees.
6) Detention without Trial: The criminal justice system may hinder the application of the
rule of law especially in developing countries like Nigeria where injunctions are
sometimes granted to pervert the course of justice. Similarly, many people are held in
prison for several years without trials. An example was Decree No 2 of 1984 – Arrest
without Trial by Gen. Mohammadu Buhari/Tunde Idiagbon Administration.
8.5 Concept of Fundamental Human Rights

Fundamental human right is a privilege or prerogative conferred by law upon a person. It is
expressed in the constitution or law of the state. Fundamental human rights remain rights as long
as the state has the power to protect them. Also, fundamental human right is a basic right given
to the citizens of a nation by the government. Generally, in a democratic society, one of the
major aims of government has been concerned with a improving social condition of citizens both
physical and morally. They make this possible by the rights accorded citizens in the constitution.
For example, the Nigeria constitution makes provision for fundamental human rights. So also,
83
the adoption of a universal declaration of human rights by the United Nation Organization in
1948 provides for a citizen in the country several rights.
8.6 Fundamental Human Rights of The Nigerian Citizens

In 1948, the United Nations Organisation (UNO) adopted a convention known as the Universal
Declaration of Human Rights. Many of the rights enshrined in the United Nation's charter are
incorporated in the constitution of UN member countries. Nigeria is not an exception. The
fundamental human rights of Nigerian citizens are listed in chapter five of the 1999 constitution
as follows:
1) Right to life;
2) Right to dignity of human person;
3) Right to personal liberty;
4) Right to fair hearing;
5) Right to private and family life;
6) Right to freedom of thought, conscience and religion;
7) Right to freedom of expression and the press;
8) Right to peaceful assembly and association;
9) Right to freedom of movement;
10) Right to freedom from discrimination;
11) Right to acquire and own immovable property anywhere in Nigeria.
These rights are enforceable as the individual can assert them in the high court as provided in
Section 46 of the 1999 constitution. This is a marked improvement on the 1979 constitution
whose provision on fundamental human rights could be enforced (See 1979 constitution).
8.7 Limitations to Fundamental Human Rights

Human rights are vested to the citizens of the country to exercise by virtues of the constitution of
the country. However, the rights of the individual can equally be curtail by the state in the
following ways:
1) During the declaration of a state of emergency, the fundamental human rights of an
individual may be greatly restricted. Citizens may not be able to exercise freedom of
84
movement. Besides, the government may detain a person who is considered a security
risk.
2) Freedom of expression does not give one the right to abuse or make wrong allegations
against another person. The laws of slander, libel and sedition protect against abuse of
right. For example, it is wrong to accuse a person of stealing without evidence to show
for it.
3) The life of an individual may be taken when he commits an offence (such as murder or
treason which carries the death penalty). In such situation, right to life has been greatly
curtailed.
4) Property rights are recognized by the constitution and the state protects against theft and
damage of various kinds. But during emergencies, the state may interfere in property
rights. For instance, an individual's vehicle can be hijacked to move soldiers to the war
front.
5) The freedom of religion may be curtailed when the individual refuses to obey the law of
the state which is in conflict with his religious belief, or engages in rites which are
contrary to the states' ordinarily accepted standard of morals.
6) People suffering from such contagious diseases like leprosy or tuberculosis may be
quarantined and confined to a place so as not to be a danger to other individuals.
7) Delinquents or individuals who are mentally unbalanced or insane may be sent to a foster
home or a mental or psychiatric hospital. Such people are detained or confined for their
own protection and for the protection of others.
8) The freedom of assembly and association may be curtailed if an individual forms or joins
or operates an illegal association. Such an association or organization may be proscribed
and therefore, anything about such an organization or association becomes illegal.

In this session, you have learnt that the concept of rule of law means respect for general order of
law. Invariably, rule of law means a total absence of tyranny, despotism arbitrariness and
dictatorship government. You also learnt that all government activities must be in total
compliance with the rules and regulations of the society. Some basic features of rule of law were
equally mentioned such as equality before the law, supremacy of law, law of habeas corpus,
85
fundamental human rights, and availability of the constitution. Moreover, this study session has
been able to identify major criticisms of the rule of law. It itemize limitations to the rule of law.
It emphasized the concept of fundamental human rights of the Nigerian citizens. In a nutshell,
the study session enumerated limitations to fundamental human rights to show that there is no
freedom freely given without limitations.


1. The principle of rule of law is associated with ________________
a) Baron de Montesquieu.
b) Thomas Hobbes.
c) John Locke.
d) A.V. Dicey.

2. The principle of rule of law was propounded in __________
a) 1884.
b) 1885.
c) 1886.
d) 1887.

3. The concept of rule of law mean ______________
a) Dictatorship Government.
86
b) Authoritarian Government.
c) Respect for general order of law.
d) Respect for individual opinion.

4. All are the basic features of rule of law except
a) Accountability and transparency.
b) Availability of the constitution.
c) Equality before the law.
d) Supremacy of ordinary law.

5. One of the features of rule of law ____________________
a) Diplomatic Immunity.
b) Delegated Legislation.
c) Fundamental Human rights.
d) Detention without trials.

6 __________________ is the criticism of rule of law
a) Fusion of power.
b) Principle of checks and balances.
c) Law of Habeas Corpus.
d) Personal liberties subordinate to the state.

7. All are the limitations to the rule of law except _______________
a) Law of habeas Corpus.
b) Diplomatic immunity.
c) Detention without trials.
d) Delegated legislation.
87
8. The concept of fundamental human right refers to ____________
a) As a divine rights given by the King.
b) As right to sue and be sued by the government.
c) As a privilege or prerogative conferred by law upon person.
d) As right freely given by the military government.

9. All are the fundamental human rights of Nigerian citizens as clearly spelt out in
1999 Nigeria constitution
a) Right to fair hearing.
b) Right to freedom of thought, conscience and religions.
c) Right to freedom of expression and press.
d) Right to employment and force labour.

10. Freedom of expression can be curtailed through _______________
a) State of emergency.
b) Arrest and detention without trials.
c) Seeking redress from court of law.
d) Slanders, libels and seditions.

1) D
2) B
3) C
4) A
5) C
6) D
7) A
88
8) C
9) D
10) D

Book Ventures.
Diamond, Larry; A. Kirk-Greene and Oyeleye Oyediran (eds) (1997). Transition Without End:
Oyediran, Oyeleye (2007). Introduction to Political Service. Ibadan: Oyediran Consult
International.
89
Study Session 9: Delegated Legislation
Introduction
We all know that the legislature is the organ of government charged with the responsibility to
make laws but most of the time this power to make laws is delegated to the other organs or
agencies of government in order to allow maximum efficiency of bureaucracy and day-to-day
administration of the society. If power to make laws is the responsibility of only the legislature, it
will result to administrative bottleneck which may lead to inefficiency, maladministration and
insubordination. It is in this right that we talked of delegated legislation. This forms of powers
have the force of law and failure to comply with them would incur the prosecution of the
offenders either by the ordinary court of the land or at the administrative level. It should however
be noted that delegated power cannot be sub-delegated.

9.1 Define the concept of delegated legislation.
9.2 Discuss the types of delegated legislation.
9.3 Explain the reasons for delegated legislation.
9.4 Enumerate control of delegated legislation.
9.5 Identify the advantages of delegated legislation.
9.6 Mention the disadvantages of delegated legislation.
9.1 The Concept of Delegated Legislation

Delegated legislation is the way by which power to make law and order is being transferred from
the legislature to the executive. That is, the power of law making in modern government is
entrusted to administrative authority to make rules, orders and bye-law which are meant for the
day-to-day administration of the country. Delegated legislation therefore refers to the law made,
order or an act of parliament by the ministers, local councils, public corporation and other
statutory bodies. This is a system whereby the parliament, which is a recognized law making
body, gives up some of the power of law making to non-parliamentary bodies to exercise. For
instance, power is delegated to local government, public corporations and other government
departments to make laws and regulations with limitations establishing them. However, a
90
delegated legislation is therefore a law; it has the full force of law and can be enforced and
adjudicated like a law made by the parliament itself. It is important to note that it is not possible
for the parliament to legislate in detail on all matters that are of interest to the people. It therefore
becomes necessary for it to delegate some of its powers to ministers and public corporations that
administer public utilities.
9.2 Types of Delegated Legislation

The component types of delegated legislation are:
a) Order in Council: These are government written regulations or standing orders of
various manners with the consent of the Privy Council in England. However it allows the
Queen or King to make any royal proclamation that is an official public statements.
However, this is to be made on the advice of the ministers, e.g. power to gather the armed
forces in the country together for an operation, and power to declare a state of emergency
or war. This order-in-council is also regarded as the prerogative order.
b) Statutory Instrument or Ministerial Order: This is an order made by the ministers
under the power conferred upon them by an act of parliament for certain purposes. For
instance the ministers can give an order to the ministries under them as may be
established by the parliament.
c) Provisional Orders: An act of parliament may authorize a minister to make an order
conferring powers upon an individual or body to perform a certain function or duty. This
type of order is legal and can take effect with immediate effect.
d) Bye-Laws: These are the rules and regulations made by the local council for the
betterment of the people of the area. They have the power of drawing up their own laws
for fulfilling their responsibility. A good example of bye law is tax imposed by the
council, or levies and special rates on inhabitant of the council area by their rural
government. Generally, all bye laws must be approved by the minister or the
commissioner responsible for the local government or public corporation.
9.3 Reasons for Delegated Legislation

There are reasons why authority to make laws are delegated. It is imperative to note that today’s
business of the parliament is very extensive and complex. Although the major functions of the
legislature is to make law, it cannot afford to make laws on all aspects. If the legislature has to
91
make laws on all matters, the legislative machinery will slow down. In order to save time and
energy, the legislature only legislates on very important matters and gives powers to other bodies
to make law. It must be noted that delegated legislature is often subject to the approval of the
parliament.
An important argument in favour of delegated legislature is that legislative matters in some areas
or disciplines are often very legitimate matters; many members of the legislature are not
necessarily subject matter specialists. Therefore, people with expert knowledge have to be called
upon to fill in the detail which may be too technical for the ordinary members of the parliament.
Such technical matters include banking, technology, building, medicine, science generally, etc.
Another reason for delegated legislation is the closeness of the local government to the people at
the grassroots level, which places local government in a boundary position to know the needs of
the people. Therefore, there is need for power to be drafted from parliament to the local authority
who are more conversant with the problems of the people at the grassroots. The law made by the
local government council on public transport, accommodation, etc. are called bye-laws.
Delegated legislation also gives room for experimentation. For instance, when a particular law
which was introduced through the power of delegated legislation proves successful in one area,
the other area may introduce such a law. On the other hand, if the legislation proves
unsuccessful, other area may not embark on a similar project which led to the failure of the first
legislation.
Moreover, delegated legislation can be made for local experimentation with a law at the
grassroots level before it is applied nationwide. This serves as another reason for delegated
legislation.
More so, powers are also delegated as a result of the need to meet urgent situations in the
country. Therefore the power to make laws can also be delegated to the executive so as to guard
against injustice. Because of limited time the parliament has, they can quickly pass the bill into
laws without examining the implication. In other words, to maintain peace and smooth running
of the government law should be carefully made so as to protect rights and liberty of the citizens.
92
Finally, another reason for delegating power is that the parliament has little time to discuss and
debate on policies affecting economic development of the nation; hence, the need to share power
to the government department, board and corporations and local governments etc, to make laws
on social and general welfare of the citizens in the nation.
9.4 Control of Delegated Legislations

The purpose of law making is to establish good administration for the country and to ensure that
the liberty of the citizens is safeguarded. Thus, the process of delegated legislation requires some
level of measures of controlling it. Such measures include the following:
a) Parliamentary Control: Bills are carefully supervised by the parliament before they can
actually become laws. For instance, the statutory instruments are to be put before the
parliament for at least forty-days (40). After forty sitting days, if there is no objection, it
shall come to force and become a law.
b) Select Committee on Statutory Instruments: The committee is concerned with
monitoring of orders and regulations laid before the parliament for enactment. It also
looks into the merits and demerits of each order coming before the parliament.
c) Publicity: Generally, some orders, rules and regulations are to be published for the
people who may have any objection to it. In essence, if any objection is not raised, it shall
come to force and become legal.
d) Judicial Control: The court has power to declare any legislation ultra vires that is null
and void or unconstitutional especially when such a law does not comply with the act of
parliament.
e) Ministerial Accountability: Ministers are called upon to give account of their
stewardship especially for the application of delegated power and any misuse of the
power in their ministries. Every action taken within the ministry are to be answered for
by the minister in charge especially if he/she has gone beyond the power being allotted to
him/her.
f) Public Criticism: The general public can raise any objection to any legislation made
especially if it is repugnant to the natural law of justice. However such orders, rules and
regulation are not in conformity with the act of parliament. Government at the same time
will have to check such controversial rules and regulations.
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9.5 Advantages of Delegated Legislation
1. Delegated legislation brings government nearer to the people at the grass roots level since
power to make bye laws is given to the local government.
2. It makes the acts of parliament more flexible and capable of being adapted to urgent
situations or circumstances.
3. It allows for expert treatment of some rules and regulations. For instance some bills
require technical detail which cannot be adequately discussed by the parliament because
of their limited knowledge; hence experts from government departments are left with
such bills.
4. The system speeds up the process of legislation, that is, any law expected to be made by
the parliament within limited time is given to the executive. Hence, there is general
increase in the volume of rule and regulations being made for the administration of the
country.
5. The process of delegated legislation saves the time of the parliament.
9.6 Disadvantages of Delegated Legislation

1. When law making is delegated to the executive, there is the tendency for abuse of power
and tyranny of office.
2. The principle of delegated legislation violates the rule of law and even the principle of
separation of powers.
3. The purpose of delegated legislation may be defeated by undue bureaucratic influence
which sometimes usurps court functions. An example can be found in the various orders
of local planning authorities for the demolition of houses under one flimsy excuse or the
other.
4. Delegated legislation is sometimes backdated to have retrospective effect, this is a breach
of the principle of rule of law.
5. There is often inadequate publicity and consultation before the rules are made which
create so much confusion to the people.
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In this study session, you have learnt the concept of delegated legislation as a way by which
power to make law and order is transferred from the legislature to the executive. Also, types of
delegated legislation were also discussed. Moreover, the reasons for delegated legislation were
lucidly explained. Control of delegated legislation was enumerated while the advantages and
disadvantages of delegated legislation were equally identified.
Self-Assessment question (SAQs) for Study Session 9
learning outcomes by answering the following questions. Write your answer in your study diary

1. ________________ is the organ charged with the primary responsibility to make laws
for the country.
a) Congress
b) Judiciary
c) Executive
d) Legislature

2. The power to make law and order is transferred from the legislature to the executive
through ______________
a) Order in council.
b) Statutory power.
c) Delegated legislation.
d) Bye-law.

3 __________________ refers to the rules and regulations made by the local council
for the betterment of the people of the area.
a) Prerogative order
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b) Provisional order
c) Bye-law
d) Ministerial order

4. All are the types of delegated legislation except _______________
a) Prerogative of mercy.
b) Order-in-council.
c) Statutory instrument.
d) Provisional orders.

5. All are the reasons for delegated legislation except ___________
a) Lack of specialist in the subject matter.
b) To spread power among the people.
c) It gives room for experimentation.
d) The business of the parliament are cumbersome.
SAQ 9.6 (Tests learning outcome 9.4)

6. The power of the court to dictate any activities of legislation as ultra vires, null and
void or union situation is known as ________________
a) Judicial accountability.
b) Judicial control.
c) Statutory instrument.
d) Ministerial Accountability.

7. When ministers are called upon to give account of their stewardship, especially for
the application of delegated power or for any misuse of power in their ministries, this is
called ______________
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a) Parliamentary control.
b) Ministerial control.
c) Public criticism.
d) Ministerial accountability.

8. All are under the control of delegated legislation except ______________
a) Order in council.
b) Publicity.
c) Public criticism.
d) Parliamentary control.

9. One of the advantage of delegated legislation is that ______________
a) It bring government meaner to the people.
b) There is tendency for the abuse of law.
c) It facilitate undue democratic influence.
d) It lead to inadequate publicity.

10. All are the disadvantages of delegated legislation except ______________
a) It is sometimes backdated and have retrospective effect.
b) It is speed up the time of the legislature.
c) It lead to inadequate publicity.
d) It facilitate undue democratic influence.
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Answer to Self-Assessment Questions for Study Session 9
1) D
2) C
3) C
4) A
5) B
6) B
7) D
8) A
9) A
10) B

Akinbade, J.A (2008). Government Explained (Plus Questions and Answers) Lagos: Macak
Book Ventures.
98
Diamond, Larry; A. Kirk- Greene and Oyeleye Oyediran (eds) (1997). Transition Without End:
International.
99
Study Session 10: Forms of Political Administrative System
Introduction
There are various forms of political administrative system but this study session attempts to
discuss these three concepts: federalism, unitary system, and confederation. In the federal system
of government, there is a constitutional division of power between or among the tiers of
government. The power may be constitutionally shared between the federal/central government
and the federating or component units. In the federal system of government, each federating unit
can develop at its own pace. In the unitary system of government, the powers and authorities to
carry out the functions and responsibilities of the government to the state and its citizens is
concentrated in the hands of one central government. The component units exist at the mercy of
the central government. In the confederal system of government, there is a league of sovereign
states that has political arrangement to come together to form a nation.

At the end of the study session you should be able to:
10.1 Define the concept of federalism.
10.2 Highlight the characteristics of federal system of government.
10.3 Describe the reasons behind federal system of government.
10.4 Explain the concept of unitary system of government.
10.5 Identify the characteristics of unitary system of government.
10.6 Discuss the concept of confederal system of government.
10.7 Enumerate the characteristics of confederal system of government.
10.1 Federal System of Government

Federal system of government is a system whereby component states of equal power form a
united states, having the powers divided between the centre and other component states. This
type of union is always based on voluntary agreement which reserves the autonomous powers of
each states. Federalism, therefore, is a political arrangement that allocates power so that the
central or general government and the regional or state governments are each coordinate and
independent within their sphere of jurisdiction and competence. Under this condition, the central
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or general government and two or more regional or state governments share political power. In
Nigeria for instance, the distribution of political power between the central and regional
governments was explicitly spelt out in the exclusive list, concurrent list and residual list.
The federal government is saddled with the responsibility of representing the whole country and
acts accordingly. The state too has its own government and properly carries out its legislation
and administration. The same thing is applicable to the local government. It is best practiced
where there are differences in race, language, religion and cultural heritage. Federal system of
government is practiced in the USA, Nigeria, India, Germany, Canada and Switzerland.
10.1.1. Division of Functions among the Three Tiers of Government

Under the federal system of government, functions are divided into the exclusive legislative list,
the concurrent legislative list and the residual legislative list.
a) Exclusive Legislative List: The federal or central government is the only one that can
perform the powers and functions under this category. Such functions include defence of the
territorial integrity, printing of money (currencies), external affairs, customs power,
immigration, etc.
b) Concurrent Legislative List: Functions and powers under this heading can be
exercised by both the federal and the state governments. Such functions include: insurance,
health scheme, education, labour, industrial development, road, etc.
c) Residual Legislative List: Local governments have the singular power to exercise the
powers and functions under the residual legislative list. In the federal system of government,
the big countries can adopt it to enable it develop to the grassroots. It equally allays the
fears of the minorities in the federal system of a country there is a military might and
recognition of cultural diversities including religion and languages.
10.2 Characteristics of Federal System of Government

The features and characteristics of the federal system of government are the following:
1) There is division of powers between the central government and the component
states (state governments). That is, power is divided between the three tiers of
government. Such powers are exclusive legislative list, concurrent legislative list and
residual legislative list.
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2) There is supremacy of the constitution in a federal state.
3) It has written and rigid constitution which makes it difficult for successive
governments to tamper with the constitution without the concurrence of other levels of
government.
4) There must be federal courts or Supreme Court of law to settle disputes among the
different levels of government.
5) Wherever the federal system of government exists there is existence of bicameral
legislature, i.e. the Upper and the Lower house.
6) The procedures for making and amending the constitution are tedious and
cumbersome.
7) The federal system of government is characterized by high level of statism which
brings loyalty to the respective states, not the country at large.
8) In some of the federal states, secession of any component state is not allow and is
considered illegal.
10.3 Reasons behind Federal System of Government

There are various reasons that give rise to the adoption of federalism, among which are the
following:
1) Fear of Domination: Two or more states may come together to form a union because
if each remains as a single entity, the federation may be weak and afraid of powerful
neighbours who may want to attack them and therefore annex the state. Therefore, coming
together of those states may result in a strong federation.
2) Availability of Resources: Since federalism is very expensive to run, the poor states
may like to form an alliance with nations with abundant human and material
resources.
3) Desire for Development: Federalism encourages rapid and even development
throughout the nooks and crannies of the country. Moreover, the development will be in all
facets of human life.
4) Geographical Contiguity: For communities to form a federation, one of the
conditions required is a very large expanse of land and large the population. Also, the
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communities must be very close to each other; component units must not be physically
separated from one another.
5) Desire for Autonomy: Local autonomy must be given to federating units because
that is the purpose of different communities coming together to form a federation.
6) Cultural Differences: The communities that desire to form federation must be
diverse in terms of language, religion and cultural background. The heterogeneous nature of
the communities often informs the coming together to form a federation.
10.3.1 Advantages of Federal System of Government

1) It encourages grass-roots participation in policy and decision making of the
government.
2) It also makes way for smooth and rapid development of the country.
3) The doctrines of separation of powers, rule of laws and checks and balances are strictly
adhered to.
4) Decision and policy making processes are faster. This is possible since powers are
delegated to the states and regional levels of government to make laws.
5) The division of powers between the central and state governments helps to prevent abuse
of power and dictatorship.
6) Since communities are different, federalism brings them together under one umbrella,
enhances unity in diversity.
10.3.2 Disadvantages of Federal System of Government

1) The federal system of government encourages duplication of functions,
possibility of acrimony and conflict.
2) It is very expensive to run in terms of financial capabilities and human resources.
3) There can be is uneven development among the federating units and delay in the
execution of national issues.
4) The constitution of federal system of government is always rigid and cannot be easily
amended.
5) In the federal system of government, there is the application of federal
character and quota system in the recruitment of workers, enrolment in schools
and so on. The danger of this method is the placement of mediocrity over the meritocracy.
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6) Under the Federal system of government, there can be ethnic suspicion and
disharmony and fear of domination among the minorities. States often engage in boundary
disputes and unhealthy rivalry.
10.4 Unitary System of Government

A country that has unitary constitution adopts unitary system of government. The system is best
practised in a country with small population and a common language. Unitary system of
government is defined as a government in which all powers and authorities are concentrated in
the hand of one central government. The implication of this is that the component units exist at
the mercy of the central or national government. Besides, the powers are not shared between the
levels of government. All powers are concentrated in the hand of the central or national
government. In a unitary system of government, powers may be delegated from the central
government to the subordinate parts to carry out some useful functions. Examples of countries
that practice unitary system are Italy, Britain, France, etc.
10.5 Characteristics of Unitary System of Government
1) Unitary system of government is commonly practised in the homogenous state where
there is commonality of traditions, language, culture, religion, belief systems among the
people in the society.
2) Since functions and powers are not shared constitutionally among or between the levels
of government, the central government therefore delegate powers and functions to the
component units.
3) It is no doubt that the central government is very strong and power rests on it.
4) The central government is the domain of power concentration and sources from which
the component units get their powers and functions from.
5) The component parts cannot attempt to secede just like in the Federal system of
Nigeria. For instance, in 1967, the Biafra Republic of Igbo extraction wanted to secede away
from Nigeria.
6) Unlike in the Federal system of government where there is supremacy of constitution,
parliament is supreme in the unitary system of government.
7) There is absolute loyalty and patriotism among the citizens where unitary system is
government is practiced.
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8) The constitution is not rigid like in the federal system of government.
10.5.1 Advantages of Unitary System of Government

1) In unitary system, there is uniformity of law, policy and administration, which can be
maintained throughout the state.
2) It is very easy to amend the constitution in the unitary system of government as a
result of the existence of one chamber (unicameral) of legislature.
3) This type of political system does not cost much and offices are not duplicated.
4) There is no conflict of power sharing, responsibilities and authority.
5) The unitary system encourage national unity among the citizens and few personnel in
government.
10.5.2 Disadvantages of Unitary System of Government

1) Unitary system of government is often characterized by tension, minority oppression,
unemployment and too much functions on the central government.
2) Grassroots development always suffer because there is no local government that is
mandated constitutionally to develop it.
3) The unitary system of government usually leads to dictatorship because powers are
concentrated in the central government.
4) Unitary system of government cannot be used in a large heterogeneous country.
5) The people are poorly represented and minorities are heavily dominated.
10.6 Confederal System of Government (Confederation)

A confederal government is a system of government in which power are concentrated in the state
or regional government. This implies that the component units (states/regions) are more powerful
than the government at the centre (central government). Therefore, confederation or confederal
system of government can be defined as a league of sovereign states with a loose political
arrangement consisting of autonomous states. Confederation is a union of voluntarily agreed
autonomous states. The functions of the state is exclusively performed by the autonomous states.
The centre is always weak. It can equally be defined as the voluntary association of the sovereign
states. The principal aim of joining together is to have a common ground on strategic matters like
currency, defence, foreign affairs etc. Examples of confederal system of government are
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Senegambia and later split into two separate country such as Senegal and Gambia, American
Confederation (1781-1789), the 19th century German confederation etc.
10.7 Characteristics of Confederal System of Government

1) The member states may individually or collectively refuse to carry out the decisions of
the confederal government. Israel has consistently failed to comply with the resolution of
the United Nation Security Council urging her to vacate the occupied Arab territories.
2) It is a loose union of autonomous sovereign states. This singular characteristics can
make autonomous state secede very quickly without much ado (secession is a right).
3) Each autonomous state has a separate diplomatic representation.
4) Members send their delegates to discuss issues of common interest like currency, defence
etc.
5) In confederation, the political system is not stable and there is no national armed forces.
6) While maintaining allegiance to the weak centre, the autonomous foreign states have
control over their internal affairs. The citizen are mandated to obey their own government.
7) A member state has the right to secede or withdraw its membership from the
confederation. For example Morocco withdraw her membership of the African Union.
8) The component states are dominant in power the general government.
10.7.1 Advantages of Confederal System of Government

1) In the confederal system of government, the member’s states enjoy mutual
benefits. In case of any opportunity to share, it must be based on equality and actions are
always taken in a consensus manner.
2) Confederations also expand the scope of market because many autonomous foreign
states are involved in processing and exchange of goods and services.
3) It help the government to make quick decision during emergency period.
4) It promote international peace and understanding. For example, the formation of the
United Nations Organisation (UNO) has largely prevented a Third World War.
5) It leads to rapid social and economic development.
10.7.2 Disadvantages of Confederal System of Government

1) Smaller member states may feel alienated or have no sense of belonging.
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2) Confederal government may be starved of funds by powerful member state in order
to compel the confederal government to toe the line.
3) The rights of member states to secede may create political instability.
4) The principle of separation of powers is virtually not observed.
5) The powerful members a confederation may usurp its powers.

In this study session, you have learnt the concept of federalism, unitary and confederation are
forms of government but they differ in approaches and implementation. Principally, federal
system of government guarantees constitutionally divided powers and functions among the levels
of government (Federal, State and Local). In the unitary system of government, power is
concentrated in the hand of the central government. With this arrangement, the component units
cannot secede. Confederation is bringing together loose, autonomous and sovereign states
together. The citizens still obey their respective states. The areas of commonality include
defence, currency, etc. The union is voluntary and the member states have the right to secede if
they want. The study session equally exposes learners to the characteristics, advantages and
disadvantages of these forms of government.


1. There is constitutional sharing of power among the tiers of government in a
_______________
a) Unitary system of government.
b) Confederal system of government.
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c) Bi-cameral system of government.
d) Federal system of government.

2. The functions and powers in the federal system of government are_______________
a) Exclusive, legislative and residual legislative lists.
b) Exclusive, concurrent and parliamentary lists.
c) Exclusive, legislative and residual lists.
d) Exclusive, concurrent and residual legislative lists.

3. In the federal system of government, defence is under _____________
a) Exclusive legislative list.
b) Concurrent legislative list.
c) Residual legislative list.
d) Executive legislative list.

4. ________________ can be categorized concurrent legislative list. Commented [OB1]:
Commented [OB2]:
a) Education
Commented [OB3]:
b) Immigration
c) Armed Forces
d) Printing of money
5. All are the reasons behind federal system of government except
a) Fear of domination.
b) Geographical contiguity.
c) Desire for development.
d) Democracy and democratisation.
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6. In a _____________ system of government, powers are in the hand of the central
government
a) Federal system.
b) Confederal system.
c) Unitary system.
d) Presidential system.

7. All are the disadvantages of unitary system of government except ______________
a) Grassroots development always suffer set back.
b) The minority are poorly represented.
c) It is very easy to amend the constitution.
d) It cannot be use in a large heterogeneous society.

8. All are the disadvantages of a confederal system of government except
________________
a) It help the government to make quick decisions during emergency period.
b) Smaller state have no sense of belonging.
c) The principle of separation of power was virtually not observed.
d) The rights of member states to secede may create tension and instability.

9. The voluntary joining together of loose sovereign states is called ______________
a) Federation.
b) Unitarism.
c) Confederation.
d) Monarchical.

10. An example of the country that practices confederal system of government is ___________
a) Australia.
109
b) Canada.
c) Britain.
d) Germany.
Section B: Theory
1) Write a short note on each of the following:
a) Confederation.
b) Federal system of government.
c) Unitary system of government.
2) What are the characteristics of the following?

a) Unitary system of government.
b) Federal system of government.
c) Confederal system of government.
3) Write two merits and demerits of

a) Federal system of government
b) Confederal system of Government
c) Unitary system of government
110
Answers to Self-Assessment Questions for Study Session 1O
1) D
2) D
3) A
4) A
5) D
6) C
7) C
8) A
9) C
10) D
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Book Ventures.
Dahl, Robert (1971). Polyarchy, New Haven: Yale University.
Dahl, Robert (1982). Dilemmas of Pluralist. Democracy, New Haven: Yale University Press.
Diamond, Larry; A. Kirk-Greene and Oyeleye Oyediran (eds) (1997). Transition Without End:
Etzioni- Halery, Eva (1989). Fragile Democracy: The Use and Abuse of Power in Western
Societies, London: Transaction Publishers.
International.
Oyediran Oyeleye and Agbaje Adigun (eds) (2000). Nigeria: Politics of Transition and
Governance, 1986-1996, Dakar: Codesria.
Riker, Williams (1964). Federalism, Origin, Operation, Significance, Boston: Little Brown and
Co.
Wheare, C. Kenneth (1943). The Limit of Federalism, in Patrick Ransome (ed) Studies in
Federal Planning, London: Macmillan.
Wheare, C. Kenneth (1963). Federal Government, New York: Oxford University Press.
112
Study Session 11: Forms of Government
Introduction
Forms of government denote types of government adopted by a particular country. It can be a
presidential, parliamentary or military system of government. In each type, powers and
authorities for running the day to day affairs of the state can take different forms. The manners in
which these forms of government are run differ from country to country. While the United States
of America is famous for practicing the presidential system and Britain is famous for
Parliamentary System, military governments are rampant in Third World Country or developing
countries. In the presidential form of government the president is both the head of state and the
head of government. However, there is division of power between the Prime Minister and the
President in the parliamentary system. Also, the military form of government is achieved through
the military coup d’ etat.
Learning Outcome For Study Session 11

11.1 Explain the concept of presidential system of government.
11.2 Discuss the concept of parliamentary system of government.
11.3 Enumerate military governments, characteristics and limitations.
11.4 Describe military intervention and the political process.
11.1 Presidential System of Government

In the presidential system of government, the head of state is equally the head of government.
Under this arrangement one person is vested with all the executive powers and bears the title of
the executive president. In this type of system, there is clear separation of powers and
responsibility among the three arms of government which are the executive, the legislature and
the judiciary. The system operates a supreme constitution. In Nigeria’s Second Republic between
1979–1983, the country adopted this type of government; then Alhaji Shehu Shagari was the
Executive president of Nigeria. To this end, he was the Head of State and Commander in Chief
of the Armed Forces and the Police. Equally, the 1999 constitution of the Federal Republic of
Nigeria that ushered in the Fourth Republic, vested so much power in the Executive President
Chief Olusegun Obasanjo. He had the whole country as his constituency because he was
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popularly elected by the electorate. The American president is equally the head of state and head
of government. This system is practiced in USA, France, Nigeria, etc.
11.1.1 Characteristics of the Presidential System of Government

1) The president is both the Head of State and Head of Government in which
executive powers are vested. This mean that as the Head of State, he performs ceremonial
functions and as the Head of Government, executive powers are vested in him.
2) The principle of separation of power is strictly adhered to in the presidential system of
government; that is, there is clear separation of powers and responsibilities among the executive,
the legislature and the judiciary.
3) The president appoints his ministers and can remove them from office. Also, ministers
are individually responsible to the president.
4) The constitution is supreme. Any president that works in flagrant violation of the
constitution may be impeached by the legislature.
5) There is the Supreme Court which is the highest court of law of the land that
interprets and adjudicates the law.
11.1.2 Functions and Powers of the President under the Presidential System of
Government
1) The president has that power to sign a bill into law. As the executive president of the
country under the presidential system of government, he receives visitors from all over the
world. He represents the country during fund raising, taking salute, etc. Mr. President
equally attends international conferences.
2) The president initiates moves on allocation or the sharing of revenues
constitutionally among the levels of government.
3) He can declare state of emergency in a country where there is chaos and anarchy.
4) He equally has the constitutional or legal right to exercise prerogative of mercy by
pardoning prisoners.
5) The president initiates policy formulation, prepares the annual budgets, formulates
foreign policy objectives and maintains law and order in the country.
11.1.3 Advantages of the Presidential System Of Government
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1) The system facilitates mobilisation of people for development.
2) The president acts as a catalyst for coalition among various interest groups.
3) The operation of the principle of separation of powers and checks and balances prevents
abuse of power.
4) The absence of any official opposition reduces friction and tension in the political
system.
5) Presidential system of government allows a strong president to achieve all his
objectives.
11.1.4 Disadvantages of the Presidential System of Government

1) The presidential system of government is very expensive to operate. Since there
are duplications of offices coupled with the existence of bicameral legislature which
increases number of representatives in the house.
2) Where the legislature and executive are controlled by different political parties, a
stalemate may occur.
3) Lobbying, as a feature of the presidential system of government may leads to
corruption.
4) Presidential system of government confers a lot of power on the president and this
may lead to abuse of office and dictatorship government.
5) The loyalty of the ministers can be to the president who appointed them instead of the
legislature who are true representatives of the people.
11.2 Parliamentary System of Government

The parliamentary system of government is equally called the cabinet system of government.
This system of government has withdrawn the real executive power from the head of state.
Under this arrangement, there is a separation between the position and the responsibility of the
head of state and the head of government. The queen or president is the head of state and a
ceremonial head while the prime minister is the head of government. He chooses his ministerial
colleagues and these may be from the legislative house. This system of government is an
executive-based parliamentary majority. However, it is the leader of the party who wins the
largest number in parliament in a general election that is called upon to form the government. He
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becomes the Prime Minister and the Head of Government. The parliamentary system of
government operates on the principle of collective responsibility where all the members of the
cabinet take the responsibility for actions taken. At the same time, when a cabinet minister
makes a mistake that leads to the parliament’s passing a vote of no confidence on the
government, the whole cabinet ministers must resign, not only the minister that erred. Equally, if
the prime minister resigns or dies, the whole members of the cabinet ministers must also resign.
11.2.1 Characteristics of Parliamentary System of Government

1) The queen or president is the head of state and a ceremonial leader.
2) The head of government that exercises executive functions is called the prime minister.
3) The prime minister chooses ministers from his party men in the legislature.
4) The prime minister is not popularly elected. The queen or the president appoints him/her
from the legislature.
5) The existence of opposition party is legally and officially recognized. The party that has
the second highest number of seats in the parliament forms the opposition party.
6) There is a fusion of power between the executive and the legislature. The prime minister
and his ministers, form part of the executive are also part of the legislature.
7) The shadow cabinet exists in the parliamentary government. The opposition party forms
their own executive in readiness to take over the government if the extant government
ends in a fiasco.
8) The head of state performs the ceremonial functions while the prime minister controls
the party and presides over the cabinet meetings.
11.2.2 Advantages of Parliamentary System of Government

1) The cost of running the government is relatively very low.
2) The system is generally responsive to public opinion.
3) The president or queen/king may use their influence to achieve peace, understanding
and stabilize the political system.
4) The government and individual ministers are accountable to the parliament, which
leads to efficiency on the part of government.
5) The system is most suitable in homogenous society.
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11.2.3 Disadvantages of Parliamentary System of Government
1) The parliamentary system of government undermines the principle of separation of
powers.
2) It is difficult to operate the system in highly heterogeneous societies.
3) The cabinet system of government may lead to dictatorship by the cabinet.
4) The system promotes division of the society whereby sectional or group agenda may
override national interest.
5) There is too much emphasis on party politics, which keeps many important matters
other than party interest from receiving adequate attention.
11.3 Military Government

The control of government by men in the armed forces the army, the navy, the air force is called
the military government. Of course, this is a negation of the fundamentally constitutional
assigned roles of the military to defend the territorial integrity of the country against internal and
external aggression. In this respect they are to uphold the unity of the country and guide against
balkanization of the country. Military government is an incursion and it is an aberration. Usually,
the military takes over the control of government through coup d'état and they ruled through
decrees. Majority of the countries in Africa are vulnerable to the military coup d'état as a result
of bad governance by the political leaders. Nigeria experienced her first military coup on the 15th
of January 1966. The coup was led by a young military officer, Major Chukwuma Nzeogwu and
sacked the First Republic civilian government led by Sir Abubakar Tafawa Balewa from 1960 to
1963. Several military regimes followed. It was not until 1999 that Nigeria started witnessing
democratic rule again.
11.3.1 Characteristics of the Military Government

1) Military government is dictatorial and tyrannical in nature.
2) It does not tolerate opposition, an opposition will be regarded as enemy of the state
therefore must be crushed.
3) It monopolizes the major instruments of violence in the country.
4) The structure of the military is hierarchical and centralized.
5) The military governs the country with decrees.
117
6) There is no freedom of the press.
7) Fundamental human rights are not guaranteed.
11.3.2 Limitations of the Military Government

1) The military does not enjoy the legitimacy a government should enjoy in a society; the
reason is that it is not voted into power by the citizens. It does not have the mandate of the
people living in that country.
2) Since the world has embraced and accepted democratically elected government, the
military government has become unpopular and does not have any mandate.
3) The military are not trained to administer a state or country; they is fundamentally
trained to protect the country from external aggression. To some extent, growth and
development equally suffer setbacks during the military era.
4) Military regime is frequently occasioned by massive corruption that leads to
poverty, unemployment, civil strife, religious, crises, etc.
5) The military are not trained in the art of governance, therefore, they lack the
knowledge of political and administrative governance.
11.4 Military Intervention and the Political Process

The military often intervene in the political process for the following reasons:
1) The first is the insensitivity of many African leaders to the yearnings of those who
elected them into office. Instead of pursuing welfare-oriented projects, some of them
prefer prestige project like committing about half of the national budget on presidential
palaces, aircraft and personal security.
2) The failure on the part of the existing political institutions to establish a legitimate base to
win the respect and support of powerful groups within the country.
3) Regional differences can lead to unhealthy rivalry and mutual suspicions.
4) Corruption has also become part of the political culture of Africa. The result is that most
of these leaders siphon the meagre resources of their countries into their personal
accounts overseas, especially countries like Switzerland, Britain, USA, etc. while they
leave majority of the population in abject poverty.
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5) Another factor is the sordid manner in which public opinion is muddled. Any attempt to
advice the leaders either in terms of press criticism or personal contact is often seen as an
act of sabotage against the state that should be resisted with heavy state machineries.
6) On top of it all, the medium of change governance which is election has virtually been
turned to a do or die affair in many African countries. Hence, it is at this stage of
despondency when all hope of peaceful changes seems lost, that the military strike in
many African countries.
In Nigeria, the military in some cases do hand over power to the democratically elected
governments. General Olusegun Obasanjo handed over power to Alhaji Sheu Shagari in 1979,
the then elected executive president of Nigeria. In 1999, General Abdusalam Abubarkar handed
over power to Chief Olusegun Obasanjo, the elected president, to steer the ship of Nigeria in the
Fourth Republic. In contrary to the fore-going, General Ibrahim Babangida annulled the June 12
1993 presidential election adjudged to be the fairest and most credible elections and allegedly
won by Chief M.K.O Abiola. Equally, General Sanni Abacha nearly turned Nigeria into a pariah
state, and gross abuse of the fundamental human rights in the era of General Mohammadu Buhari
cannot be forgotten.

In this study session, you have learnt the concept of presidential system of government; that the
president can exercise the power of a president as the head of state and equally stand as the
commander in chief of the armed forces. He can veto bills. He can declare a state of emergency
and war. He can exercise prerogative power to grant state pardon and amnesty. In the
parliamentary system of government, the power of the executive and legislative is fused together,
unlike what is obtainable under the presidential system of government where powers are
constitutionally shared among the levels of government. The odd regime is that of the military,
which proscribes the National Assembly, media houses and grossly violates the fundamental
human rights of the citizens. The study session has been able to explain limitations of the
military government and military intervention and political process was also highlighted.
119

1. In the presidential system of government, the_______________ is both the head of
state and commander in chief of the armed forces.
a) Prime Minister
b) President
c) Chancellor
d) Governor
2. In 1979 and 1999, Nigeria had_________ and________ as presidents
a) Alhaji Shehu Shagari and Chief Olusegun Obasanjo
b) Dr. Goodluck Jonathan and chief Ernest Shonekan
c) General Abubarkar Salami and General Ibrahim Babangida
d) Chief Olusegun obasanjo and Alhaji Shehu Shagari

3. The ______________ can exercise prerogative powers
a) President
b) Senators
c) Honourable
d) Mayor

4. All are the functions and power of the president in a presidential system of government
except__________________
a) President has power to call for dissolution of the house.
b) He can declare state of emergency.
c) President can exercise power of prerogative of mercy.
120
d) He has the power to sign bill into law.

5. Parliamentary system of government is equally called a_________ system of government
a) Shadow.
b) Presidential.
c) Cabinet.
d) Monarchical.

6. In the parliamentary system of government_________ is the head of state
a) President
b) Minister
c) Chancellor
d) Prime minister

7. ___________________ is the head of government in cabinet system of government.
a) Executive president
b) Executive prime minister
c) Queen
d) Prime minister

8. A shadow government is allowed in the _________ system of government
a) Military
b) Presidential
c) Cabinet
d) Republican

9. The _________ got to power through coup d'état.
121
a) Head of state
b) Head of government
c) Prime minister
d) Military
SAQ 11. 10 (Tests Learning Outcome 11.3)

10. Military government ruled by ________
a) Dictatorship.
b) Constitution.
c) Decree.
d) Edict.
122
1) B
2) A
3) A
4) A
5) C
6) A
7) D
8) C
9) D
10) C
123
Adeguye, Bayo (1993) Military Occupation and Social Stratification- An Inaugural Lecture
University of Ibadan.
Book Ventures.
Dahl, Robert (1971). Polyarch, New Heaven: Yale University:
Diamond, Larry; A, Kirk-Greene and Oyeleye Oyediran (1997). Transition Without End:
Nigerian Politics and Civil society under Babangida, Ibadan: Vintage Publishers.
Oyelere Oydeiran and Adigun, Agbaje (eds) (2000), Nigeria: politics of Transition and
Governance, 1936-1996, Dakar: CODESRIA
Pickles, Dorothy, (1970). Democracy, London: Methuen and Co.
Study Session 12: Pressure Groups/Interest Groups

Introduction
In every society of the world, there exist civil society organisations which are sometimes non-
governmental or governmental organisations that checkmate the activities of the government and
also serve as the watchdog on governmental policies. These groups attempt to influence the
political process or the political system. These associations or organisations are called pressure
124
groups. It is important to note that pressure groups and interest groups are used interchangeable.
Besides political parties, the importance of the pressure groups for effective governance cannot
be quantified.
Learning Outcomes For Study Session 12

At the end of this study session you should be able to;
12.1 Define the concept of pressure groups.
12.2 Discuss the types of pressure groups.
12.3 Explain the characteristics of pressure groups
12.4 Identify the functions of pressure groups
12.5 Distinguish between pressure groups and political parties
12.6 Highlight the pressure groups' modes of operations
12.1 Pressure Groups

A pressure group is an organisation which promotes specific economic and moral interest by
employing agents or lobbyists to influence legislature and public officials, by endorsing
candidates to stand for election into the legislature or by conducting systematic educational
propaganda campaigns among the general public. The organisation helps to moderate public
opinion. Moreover, pressure groups can be defined as groups which exert pressure on those we
gave our mandate for making and executing decisions on behalf of everybody in a community or
society. Essentially, pressure groups exist to protect the interests of their members by compelling
governments to act in a certain direction. They influence the government from outside the
government because they never want to be in government; but they are part of political process.
Most of the actions and objectives of the pressure groups are immediate and they mount pressure
on the three arms of government the executive, the legislature and the judiciary, and other
government officials to achieve their aims and objectives. Example of pressure groups are: the
Nigerian Labour Congress (NLC), the Trade Union Congress (TUC), the Nigeria Bar
Association (NBA), the Manufacturers Association of Nigeria (MAN), the Nigerian Medical
Association (NMA), etc.
12.2 Types of Pressure Groups
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There are four types of pressure groups, namely; professional, economic, religious, promotional
and anomic pressure groups.
a) Professional Pressure Groups: These are the association’s bodies or groups
representing various professions. The major objectives of these groups are to protect the
interest of their members, cater for their welfare and monitor entry and discipline of
their members. Thus, they are more interested in the welfares of the members of
the group. Examples of professional pressure groups are the Nigerian Bar Association
(NBA), the Nigerian Society of Engineer (NSE), the Nigerian Medical Association
(NMA), the Nigerian Union of Teachers (NUT), the Nigerian Union of
Journalists (NUJ), etc.
b) Economic Pressure Groups: These are pressure groups whose main aim is to pursue
the economic welfare of their members. They are to always ensure that policy making and
implementation favour their members by influencing the making and execution of
economic policies of the government. Examples here include the Manufacturers
Association of Nigeria (MAN), Chambers of Commerce, Agriculture and
Industry, etc.
c) Religious Pressure Groups: These groups are interested in the propagation of their
religions and winning converts into their religions. They protect the interest and welfare
of their members by subsidising fees for yearly pilgrimage to holy lands. Examples
are Council of Islamic Affairs, Christian Association of Nigeria (CAN).
d) Promotional Pressure Groups: These groups may seek to promote some cause
which may not bring direct benefit to their members. But they promote good causes which
are beneficial to the general public. There is the Committee on National Awareness whose
responsibility is to fight against injustice to the citizens of Nigeria. Others include Civil Liberty
Organisation (CLO), Campaign for Democracy (CD), etc.
e) Anomic Pressure Groups: These pressure groups usually emerge spontaneously
in response to issue of pressing demand. Immediately the issues is resolved they disperse
into the air. They are groups that are not distinctly organised. Under these anomic
pressure groups we have examples like the groups of demonstrators, mobs, rioters,
etc.
126
12.3 Characteristics of Pressure Groups
1) Pressure groups may transform into political parties.
2) Pressure groups may use any method either legitimate or non-legitimate to achieve their
objectives.
3) Pressure groups tend to be more politically powerful when they do exert their full
influence.
4) All the organs of government are subject to the influence of pressure groups.
5) A pressure group may support candidates nominated for election by political party
that is sympathetic to its cause.
12.4 Functions of Pressure Groups

1) Pressure groups offer useful suggestions to the government. They equally advice all the
tiers of government - local, state and federal.
2) They engage in welfare services. Nigeria Bar Association (NBA), for instance, could
offer free legal services in courts.
3) They educate their members on their inalienable fundamental human rights. In a
situation where by their rights are trampled upon, they equally educate them on the next line of
action that could be legitimate and legal constitutionally.
4) Pressure groups always promote the interests of their members.
5) They act as watch-dog over public policies, programmes and administration.
6) They serve as a reservoir of technical expertise. Judges can be appointed from within
the Nigeria Bar Association.
7) Pressure groups give specialized and expert advice to the government.
8) Pressure group influence and help to change some obnoxious policies of the
government.
12.5 Pressure Groups and Political Parties

a) One can draw a line between the pressure groups and political parties. Pressure
groups influence government policies and primarily pursue the interests and aims of their
members while political parties serve as platforms to contest elections and ultimately
form the government.
127
b) We can equally see that political parties have broader aims and objectives than self-
seeking pressure groups which take care of the interests of their members. The political
parties take the whole society as their members and constituency, and provide for it.
c) Political parties focus on ranges of issues like housing, health education, agriculture,
etc. pressure groups on the other hand, show concerns on matters affecting their members
such as salary increment, loans, allowances and others.
d) While political parties concentrate on recruiting political office holders and effect
change of government, pressure groups focus on how the conditions of their members will
get improved.
12.6 Pressure Groups' Mode of Operations

Pressure groups deploy several techniques to achieve their sets goals and objectives.
1) Lobbying: Pressure groups to lobby influential government officials (executive,
legislature, judiciary etc.) to actualize their dreams and get their aims and objectives done.
2) Consultation: Pressure groups are consulted by the government before they makes
(the government) policies.
3) Pressure on Executive: Quite often, pressure groups do exert pressure on the
executive not to sign controversial bills into law if the said bills will not be of benefit to
the general public.
4) Ultimatum: Pressure groups may issue ultimatum to the government if all the
dialogue avenues have been exhausted on a particular issue to no avail.
5) Demonstration: Pressure groups may be involved in a demonstration struggle and
mobilize support from the members of the public to compel government to act or not to act in a
certain way that may not be too good for the public.
6) Strikes and boycotts: They do embark on strike or boycott of duty posts. This is
considered the last option to force government to do or not to do something for the
society after all the reconciliation efforts and strategies have failed.
7) Campaigns and propaganda: They do equally mobilize public opinions and highlight
their problems or make special appeal to the government through the mass media, TV, radio,
press, newspapers and conferences.
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8) Rioting, hijacking and holding people hostage: These are resorted to if all the
efforts of the pressure groups are thwarted. However, they could lead to social
disorder, misrepresentation of public opinion, misinformation of the general public
political instability, self-centeredness.

In this study session, you have learnt the concept of political parties and pressure groups and the
significant roles they play in the political process of any country. Pressure groups are self-
serving, majorly working for the interests of their members while political parties see to the
welfare of the society at large if voted into power and form a government. However, the study
session equally exposes students to ways and methods in which pressure group achieve their
aims and objectives.


1. The group that promote specific economic and moral interest by employing agents or
lobbyists to influence legislature and public officials in achieving their aims and objectives is
called ___________________
a) Political parties.
b) Institutional organisation.
c) Pressure group.
d) Party system.
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2. All are types of pressure groups except________________
a) Anomic.
b) Institutional.
c) Professional.
d) Promotional.

3. _________________ emerges spontaneously in response to issue of pressing demand and
are not distinctly organised.
a) Promotional pressure group.
b) Anomic pressure group.
c) Association pressure group.
d) Economic pressure group.

4. The pressure groups that agitate some cause which may not bring direct benefit to
members is called ___________________.
a) Anomic.
b) Institutional.
c) Promotional.
d) Associational.

5. Which of these is not a function of pressure groups?
a) They engage in consultation.
b) They engage in dialoguing.
c) They make laws.
d) They serve as watch-dogs.
130
6. __________________ gave specialized and expert information to the government.
a) Political parties
b) Pressure groups
c) Anomic managers
d) Institutional experts

7. _____________________ convey public opinions to the government
a) Pressure groups
b) Political parties
c) Legislature
d) Executive

8. Who employ these strategies to mount pressure on the government not to pass bills into
laws?
a) Interest groups/pressure groups
b) Anomic groups only
c) Professional groups only
d) Promotional groups only

9. The last option to compel government to yield to the demand of the pressure group
is through ________________
a) Consultation.
b) Demonstration.
c) Strikes and boycotts.
d) Dialogue.
12.10 (Tests Learning Outcome 12.4)
131
10. All are methods employed by pressure group to achieve their aims and objectives except
_____________
a) Rioting, hijacking and holding people hostages.
b) Campaigns and propaganda
c) Strike and boycotts.
d) Allowances and loan
132
1. C
2. B
3. B
4. C
5. C
6. B
7. A
8. A
9. C
10. D
133
Akinbade, J.A (2008). Government explained (Plus Questions and Answers), Lagos: Macak
Book Ventures
Anifowose, Remi & Enemuo Francis (2006). Elements of Politics Lagos: Sam Boanusi
Publications.
Barnes, S and Kaase, N (1979). Political Action: Mass Participation.
David, Truman (1951) the Government Process: Political Interests and Public Opinion, New
York: Alfred A. Knopt.
In Five Wester Democracies Beverly Hills Ca: Sage
Key, V. O. (1958) Politics, Parties and Pressure Groups, New York: Crowell Publishers.
Oyediran, Oyeleye (2007). Introduction to Political Science, Ibadan: Oyediran Consults
International.
134
Study Session 13: Political Parties and Party System
Introduction
In reviewing politics as a struggled among people and groups for influence over the policies of
government, we shall see that different groups engage in the contest for political power or
economic power either as a political party or as a pressure group among others especially in a
democratic system. Therefore, party politics denotes carrying of political activities within
political parties. In other words, politics is concerned as a game undertaken by different
participants that come together to form political parties.

At the end of this study session you should be able to:
13.1 Define the concept of political parties.
13.2 Mention the characteristics of political parties.
13.3 Identify functions of political parties.
13.4 State the types of political parties
13.5 Discuss organisation and structures of political parties.
13.6 Explain how political parties are formed.
13.7 Describe political parties and government process.
13.8 Enumerate party system, types and characteristics.
13.1 Political Parties

A political party is an association of people who share similar political opinions and which is
formed to contesting elections and gain control of the government so that its members can carry
out the policies and programs of the party. Political parties can be defined as associations of like-
minded persons who organize themselves into political groups for the purpose of controlling
political power by forming government, which is the administrative machinery of a state.
Moreover, political party is a group of persons who believe in the same political ideology and
who make group efforts to win and control the government of their country for the furtherance of
that ideology. We can also look at a political party as any group of people seeking to elect
political office holders under a given platform.
135
However, political systems come in different nomenclatures-one-party, two-party or multiparty
systems. Political parties could be omnipresent, permanent or temporary and equally attract the
general support of the public electorally. Political parties provide machinery for recruitment of
political leaders. According to Joseph Schumpeter, the first and foremost aim of each political
party is to prevail over the others in order to get into power or to stay in it. Thomas Hodgkin
defines political parties as all organizations which regard themselves as parties and which are
generally so regarded. Examples of political parties in Nigeria are Peoples Democratic party
(PDP), All Progressive Congress (APC), etc.
13.2 Characteristics of Political Parties

A political party is well-ordered and organised; it has its constitution which show how its affairs
are to be conducted. Every political party has a chairman or president, a secretary general, a
treasurer, etc. As Oyeleye Oyediran put it political parties are organisations that have certain
major characteristics such as the following
1) Continuity of organisation is very significant. In other words, organisation is meant
to last through tenure of current leaders and members.
2) Permanence at all levels of government with regular communication between this
levels.
3) It consciously seeks to capture political power.
4) It constantly seeks new members or supporters.
5) Political parties advocate certain policies and programmes which are contained in
their manifestoes.
13.3 Functions of Political Parties

Political parties perform the following functions:
1. Political parties effect changes of government through the contesting of elections.
2. Political parties provide information on candidates and current events, making sure the
electorate in duly involved in the activities of the government.
3. Political parties serve as a platform form uniting the people on the issues affecting the
state.
4. Sectional and diversified interests are harmonized by the political parties.
5. They contest elections and control the government.
136
6. Political parties are an intermediary between the government and the people.
7. The constructive criticism of the political parties makes the government accountable to
the governed.
8. Political parties unite people of diverse backgrounds together.
13.4 Types of Political Parties

1. The Elitist Party: Some political parties place much premium on the worth and social
position of the person that make up their band. A party of this type is known as an elitist
party. Elitist parties believe that government should be in the hands of responsible persons
and not in the hands of commoners. Such parties are conservative in their approach to
issue. They believe that society should be kept stable while changes should be gradual
rather than radical.
2. Masses Party: These are parties whose main target is an appeal to the masses of people.
The manifestoes of such parties usually contain programmes designed to help the low
income group such as peasant farmers, labourers etc.
3. The Broker Party: A broker party seeks the interest of all parties in the society and as
such its programmes cater for the rich as well as for the poor. Though the rich and the poor
usually have conflicting interests, a broker party will seek to reconcile these seeming
conflict by pursing a policy of social justice.
4. Personality or Charismatic Party: This is a party built around the personal quality or
charismatic power of its leaders. A good example of this party is TANU which was led by
Julius Nyerere of Tanzania.
5. Religious or Missionary Party: This is a party formed on the basis of religious belief.
Such parties usually appeal to religious sentiments to win polls, they are very strict on
matters of principle and as such they do not often get mass support.
13.5 Organisation and Structure of Political Parties

Basically, political parties are organized with procedures for electing party leaders. The national
executive committee is responsible for preparing or drawing up the policies and programmes of
the party. This national executive committee equally coordinates the activities at local levels,
including making important decisions affecting the constituencies and the communities. The
political party must organise conventions at national, state, local government and at the ward
137
levels to elect the leaders of the party who will be responsible for steering the activities of the
party at those levels. They are responsible for admitting members and discipline of members.
13.6 How Political Parties are Formed

a) Nationalism and Nationalist Agitation: Political parties can be formed through
nationalism and nationalist agitation against colonial rule. For instance, Nigerian National
Democratic Party (NNDP), Nigerian Youth Movement (NYM) and National Council of
Nigeria and Cameroons formed in August 1944 was later transformed into National
Council of Nigerian Citizen (NCNC) and Convention Peoples Party (CPP) of Ghana were
formed to oppose colonial rule and bring political independence to African countries.
b) Cultural Movements: Some cultural movements also transformed into political
parties. For example, Egbe Omo Oduduwa, a pan- Yoruba cultural organisation was formed in
London by Chief Obafemi Awolowo in 1945 as a Yoruba socio-cultural group.
Awolowo returned to Nigeria in 1948 and the cultural movement was equally
transformed into a political party called Action Group (AG) in 1948.
c) Religions Movement: Jamiyyar Mutanen Arewa was founded by Sir Ahmadu Bello in
December 1949. It was just a religious organisation which was equally transformed
into a political party called Northern People's Congress (NPC).
d) Mergers: In this scenario, two or more political parties may come together to form a
single political party. Sometimes it is called a coalition. For instance, Action Group (AG),
National Council of Nigerian Citizens (NCNC) and United Middle Belt Congress (UMBC)
came together to formed United Progressive Grand Alliance (UPGA). Also, Action
Congress of Nigeria (APC), Congress for Peoples Change (CPC) and a faction of All
Progressive Grand Alliance (APGA) formed All Progressive Congress (APC).
e) Splinter Groups: Political parties can also be formed when there is a conflict that
may lead to break away of a particular group. This group may also transform into a new
political party. This means a breakaway faction of an existing political party may become a new
political party. For example, the breakaway faction of Action Group (AG) which
was led by Chief S.L. Akintola formed Nigerian National Democratic Party (NNDP) which
contested Western Region elections of 1965.
138
13.7 Political Parties and the Government Process
Political parties are instruments of control in the government process. At the very beginning,
political parties must exist and form their political manifestoes that would contain what the
parties would do for the electorate, and the canons and tenets. These political parties take care of
electoral aspirants at the ward, local government, state, constituency and federal levels.
Through elections, political public office holders would emerge and commence to govern the
state with the power vested on them.
The process of government is majorly carried out through the organs or arms of government. The
legislature arm of government makes laws, the executive implement the law while the judiciary
interpret it. At every point in time the government must be able to carry the people along and
ensure the safety of their lives and properties, and equally guarantee their fundamental
inalienable rights.
13.8 Party Systems, Types and Characteristics

When a country organises its government based on the outcome of election in which political
parties took part, such a country is said to be practising a party system. A system can be
conceptualized as a combination of units. Therefore a system is a whole. Party system can
simply be described put as a situation where the exercise of governmental power can only be
attained through political parties. That is one has to contest an elective office on the ticket one
political party or the other. Party system is a system in which more than one political party are
officially recognized by the state. Party system may change from time to time to reflect changes
to in the overall society. In a nutshell, in a party system, the political party is the only vehicle
through which one can ride into government.
13.8.1 One Party System and its Characteristics

A one part system is a system in which the law of the land, i.e. the constitution, recognizes the
existence of only one political party. In such countries the law is very harsh on any attempt to
promote another political party apart from the one recognised by law. In some countries the
penalty is as grave as treason. In countries where one party system exists there is no room for
the opposition party to thrive. No doubt, it is hegemonic and predominant in nature. The history
of the one party societies can be traced to the Eastern countries like Russia, China Portugal and
some African countries.
139
In terms of the characteristics of one party system, it is only the officially lawfully and
legitimately recognized party that can contest elections. Under the government of one party
system, mass media such as newspapers and magazines houses cannot be privately owned. It can
equally be asserted that it is the only one party that is exclusively recognized by constitution. It
brings one ideology to the country. One party system easily transforms into dictatorship,
ensuring that all the policies and programmes of the government are duly enforced. One-party
system prevents electoral malpractices and economic waste. It brings about unity and stability in
the country. One party system ensures the most competent and efficient people are in the
government. It makes room for quick decisions, continuity and strong leadership in the country.
13.8.2 Two-Party System and its Characteristics

Two-party system can be conceptualized as the existence of only two major political parties of
nearly equal strength and a few minor parties in a country. It does occur in a democratic political
clime. For the purpose of illustration, the parties are constitutionally recognized to contest
elections. In Britain there are the Labour and the Conservative parties, while in the United States
of America, they have the Democratic and the Republican parties. Two political party system is
equally practiced in Australia, Canada and the USA. This party system was also adopted in
Nigeria's Third Republic: Social Democratic Party (SDP) and National Republican Convention
(NRC).
The following are some of the characteristics of two-political party system: Only two political
parties are legitimately, legally and constitutionally recognized in the country. Opposition party
is legally recognized. There is a room for change in government, press freedom, choice of
candidate and parties and room for correction from the opposition party. It equally gives room
for good governance and stability. On the other hand, two-party political system divides the
country into two factions, paves way for electoral malpractices, unhealthy party rivalry and
wastes the country's national resources.
13.8.3 Multi-Party System and its Characteristics

Multi-party system can be conceptualized as a party system with more than one political party
contesting political power in a political system. For instance, in Nigeria's Second Republic,
several parties were politically actively: NPN, UPN, NPP, PRP and NAP. The beauty of them
Multi-party system is that a coalition government may be formed If no party has absolute
140
majority seats in parliamentary election. France and Nigeria are typical examples of multi-party
system. In Nigeria, for instance, once a party satisfies the law with regard to the territorial spread
of its membership and the constitution of the party does not bear any religious or tribal
undertone, it has the opportunity for registration.
It has characteristics: When there are many political parties in a country, individuals can easily
make their choice of parties and programmes. Equally, the scope of political education is
enhanced and widened. This enables people of different backgrounds to have inputs in the
decision making process. In a government of multi-party system, dictatorial tendencies are
drastically reduced and there is a greater respect for the rule of law, protection of human rights,
periodic elections and a coalition government.

In this study session, you have learnt the concept of political parties. Political parties are formed
primarily to effect a change in government. They play direct and substantial roles in political
recruitment and they weird political power at local, state or federal level of government.
Fundamentally, political parties articulate the concept and meaning of the broader community to
their followers. They equally widen political participation, educate, mobilize, enlighten and
integrate the populace. Political parties organize public opinion and communicate demands to the
governments and represent a microcosm of the future society. The study session also exposes
learners to party system, types of party systems and their characteristics were also enumerated.
Self-Assessment Questions (SAQS) for Study Session 13

Having studied this session, you can assess how well you have achieved its, learning outcomes
by answering the following questions. Attempt the questions carefully and discuss them with
your tutor at the next study support meeting. You can equally access the answers at the end of
this course material.

1. Political party is defined as _____________
a) Association of people that has similar political opinions which is formed by contesting
elections and gain political power.
141
b) An association of people that mount pressure on the government.
c) Association of people that drawing up the policies and programmes of the party.
d) Ensures continuity in governance.

2. Coordination of the activities at the local level and taking decisions affecting the
constituency and the communities is the duty of the_______________
a) Chairman of the party.
b) National executive committee.
c) Secretary of the party.
d) Political manifestoes.

3. _______________ contests elections, form and control the government.
a) Political parties
b) Electoral body
c) INEC
d) The presidency

4. All are the characteristics of political party except
a) Consciously seeking to control political power
b) Continuity of the organisation is very significant.
c) They pressurize the government in order to achieve their objectives.
d) Consciously seeking new members and their support.

5. All are the functions of political parties except __________.
a) They contest election and gained political powers.
b) They made manifesto available to their members.
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c) It unite people behind a particular policies
d) They mount pressure on government to achieve their objectives.
SAQ 13.6 (Tests Learning Outcome 13.7.)
6. All are the methods in which political parties are formed except _____________
a) Through nationalism and nationalist agitations.
b) Cohesions and cajoles.
c) Mergers.
d) Splinter groups.
13.7 (Tests Learning Outcome 13.7.2)

7. Under the two party system, how many parties enjoy constitution legal and legitimate
recognition under the constitution?
a) One.
b) Two.
c) Three.
d) Four.
13.8 (Tests Learning Outcome 3.5.1)

8. _________________ must be impartially independent and conduct regular and
periodic elections.
a) Political system.
b) Electoral system.
c) National assembly.
d) Political leaders.

9. Two party system are practiced in ___________
a) USA.
b) China.
c) Russia.
d) Ghana.
SAQ 13.10 (Tests learning outcome 13.7.3)
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10. The party system in which more than one political party is recognised by law of the land
is referred to as__________________
a) One party system.
b) Two party system.
c) Multi-party system
d) Plurality system.
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Answer to Self-Assessment Questions for Study Session 13
1. A
2. B
3. A
4. C
5. D
6. B
7. A
8. B
9. A
10. C
145
Book Ventures.
Awosika, Victor Oloyede (2005), The Zero Party: A New Political Philosophy for Nigeria and
Other African Countries, Lagos: Sweet Mother Communications Ltd.
Crick, Benard, (973). Basic Forms of Government, London: Macmillan.
Diamond, Larry; A, Kirk-Grene and Oyeleye Oyediran (eds), (1997) Transition Without End:
Nigeria Politics and Civil Society under Babangida, Ibadan: Vintage Publishers.
Hodgkin, Thomas (1961). Political Sciences a Philosophical Analysis, London: Standford
University Press.
Laski, Harold J. (967). A Grammar of Politics, George Allen and Union
Nwabueze, B. O (1982). The Presidential Constitution of Nigeria, London: C. Horst and
Company.
Oyediran, Oyeleye (2007), Introduction to Political Sciences, Ibadan: Oyediran Consults
International.
146
Study Session 14: Electoral System and the Political System
Introduction
The electoral system is central to the development and sustenance of democracy and democratic
institutions in the state. Therefore, electoral system is a precondition for the enthronement of any
democratic system which comprises voting pattern, organization of elections, setting up of
electoral commission and electoral system. It is imperative to note that any democratic
dispensation without a good pattern of electoral system cannot enjoy the citizens’ confidence.
The populace cannot trust such or the state to protect their interest. It is therefore important for
the state to have a well-organized electoral system.

14.1 Define the concept of electoral system
14.2 Mention the types of electoral system
14.3 Explain the system of voting
14.4 Discuss the concept of franchise and its types
14.5 Identify the concept of election and its types
14.6 List the qualifications and disqualifications of voters
14.7 Mention the concept of electoral commission and its roles and
responsibilities
14.8 State the problems of electoral commission
14.1 The Concept of Electoral System

Electoral system may be defined as the process and procedure by which citizens of a democratic
country elect through either direct or indirect voting of those who will represent them in the
parliament and other positions in the government. Put in another way, electoral system refers to a
process or method through which the people of a given country elect their representatives into
different political offices or positions in a particular government. Electoral system also refers to
those laws, procedures, methods and institutional framework that guide the selection or election
of political leaders and legislature in the state. It deals with the conduct of the election of public
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office holders. It entails the ‘dos’ and “don’ts” of candidates' nominations into elective posts and
the rules and procedures of elections.
14.2 Types of Electoral Systems

There are various types of electoral systems which include the following:
a) Adult Suffrage: This is an electoral system which only allows adults, that is those who
have attained a minimum age of 21 to participate in the process of election. The
explanation for this system is that one ought to have grown to adulthood before one can
appreciate the issues involved in the running of government. A major defect of this
system is that it does not indicate the maximum voting age. After all, if there is minimum
age for one to be able to understand the issues involved, there should also be a
corresponding maximum age beyond which one would not be physically and mentally
alert enough to grasp the issues involved.
b) Tax Payers Suffrage: The system allows for only those who perform their civic duty,
that is payment of tax, participate in the process of elections. The rationale behind this
system is that anybody who aspires to participate in election of a government ought to
have contributed his civic responsibility towards supporting that government financially.
The objection to this system is that in a society where tax evasion and unemployment is
rampant, franchise may have to be confined to a privileged few who will be numerically
insignificant to the population of the country. Such an electoral system can therefore not
be said to be democratic in the real sense of it.
c) Universal Suffrage: This is the system that widens the scope of those who are qualified
to vote in a country without any discrimination on account of sex, education or wealth.
The electoral Act of Nigeria in 1979 is an example of a universal adult suffrage. For
instance, instead of the hitherto 21 year minimum franchise age, the Act brought it down
to seventeen while recent amended Act followed suit. The result is that franchise has
been taken to secondary school age. Also women in the north were enfranchised unlike in
the First Republic when they were denied voting right on account of religion.
14.3 System of Voting
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Voting systems is vary in their rules, but they may be divided into two major types according to
how the number of votes cast is related to the number of legislators. The two types are:
a) Geographical Representations
1. Simple Majority System: This is also known as plurality system or first-past-the-post.
This is the method of declaring the candidate who secures the highest number of votes in
an election as the winner. For clarity sake, even if the candidate does not win a absolute
majority of all the votes cast in the election, but wins a simple majority, such a candidate
will be declared winner. This system can be seen as undemocratic. For example, if
candidates A, B and C have total cast votes of 200, 250 and 150 respectively, candidate B
with 250 votes has the highest number of votes and will be declared winner. The
implication of this is that candidate B with 250 votes is declared winner out of total
number of 600 votes cast (which means 350 people voted against him).
2. Absolute Majority System: In this voting system, if the first ballot cannot give any
candidate absolute majority, a second round of ballot will be held. In order words, the
system is a counting method which guarantees that before a candidate is declared the
winner, such a candidate must have scored fifty percent plus one *(50% +1) of the total
votes cast. For example, in the scenario presented earlier, candidate B with 250 vote
cannot be declared winner since he did not score up to 50% of the vote which is 300
votes since total number of votes cast for candidates A, B and C is 600. It is instructive to
note that if the winner does not emerge at the first election, then second ballot is held to
determine the winner.
3. Second Ballot System: This system is adopted if no candidate to obtain a majority vote
in the first voting round. The candidate that scored the lowest number of votes will be
ordered to withdraw. There will then be a second round or voting for the other
contestants. In other word, a second election is held after the first one has failed to
produce a clear winner. It is sometimes called second ballot system or run-off election
and usually held a few weeks after the first ballot. It is important to note that the two
candidates with the highest number of votes take part in the second ballot and the winner
is the candidates with the higher number of votes.
b) Proportional Representation:
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1. Proportional Representation System: This is a system of allocating seats in the
legislature in such a way that each political party is given a percentage of seats roughly
equal to the percentage of popular votes cast in their favour. Essentially, this method is
used to elect members of the legislative houses that is representatives. This voting system
occurs in multi member constituencies where seats are allocated in the proportion of
votes cast.
14.4 Concept of Franchise

Franchise is the right to vote and to be voted for in other to represent people whether at the
legislative house or any other elective offices. The people who are capable of voting are said to
be enfranchised and those who are not capable of voting due to the one reason or the other are
said to be disenfranchised.
14.4.1 Types of Franchise

a) Limited Franchise: This type of franchise is granted to only those adults that
fulfil certain conditions of race, sex, property ownership, payment of taxes, educational
qualifications etc. It has been practiced in South Africa and Switzerland.
b) Unlimited Franchise: It is also known as universal suffrage which allows all
qualified men and women to vote and be voted for. It is a system that widen the scope of those
who are qualified to vote in a country without any discrimination on account of sex,
education or wealth. This system is generally practiced all over the globe.
14.5 Qualifications of Voters
During election, certain requirements are needed to qualify voters to perform their civic
responsibility. The requirements are as follows:
1) Registration of Voters: To be eligible to vote, the individual must have been duly
registered and his name must appear in the voters list or register.
2) Age: To qualify to vote such a person must have attained a minimum of 18 years. In
some other countries apart from Nigeria, USA and Russia the age limits vary.
3) Citizenship: Such an individual must be a citizen of Nigeria (There are other criteria
apart from citizenship that an individual must equally fulfil as an obligation).
150
4) Residence: A person must have lived in the voting community for a number of years or
months before he will be qualified to vote, especially if such a person is a foreigner.
14.5.1 Disqualification of Voters

1) Lunacy and Idiocy: A person who is considered to be insane, idiots or mentally
unbalanced is usually considered not fit to vote or be voted for during election.
2) Certified Bankrupts: A person who has been declared insolvent, that is a person that
owes either an individual or organization large debt is not fit to vote during election.
3) Conviction of crime: Any person who has been convicted of any crime, be it felony,
electoral offences, bribery, etc. is not eligible to vote in some countries.
4) Citizenship: if someone is not a citizen of the country and/or has not spent certain
number of years required by the law governing such a society, he is not eligible to vote.
14.6 Concept of Election

Election is an act of choosing or selecting candidates who will represent the people in the
parliament and other positions of government. It is a procedure by which the electorate, or part of
it, choose the people who hold public office and exercise some degree of control over the elected
officials. It is the process by which the people select and control their representatives. The
implication of this is that without election there can be no representative government. To a large
extent, election is the most reliable means through which both the government and
representatives can be made responsible to the people who elect them into different offices.
14.6.1 Types of Election

There are various ways in which election can take place. These include the following:
1. Direct Election: It is a process by which the voters participate directly in the choice of
public office holders. It is also a process whereby all the adults who are qualified to vote
are allowed to vote for candidates of their choice. Direct election, may take the form of a
referendum, plebiscite, recall or initiative.
2. Indirect Election: This is a system in which the voters do not vote directly for their
representatives. The voters select representatives who will vote on their behalf for the
final representatives. In this case, the voters elect an intermediate body of able and
responsible people. This body is known as the electoral college while. It is the Electoral
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College that selects the representatives of the people. Indirect election suffers from the
fact that the wishes of the masses may be different from those of the Electoral College.
14.7 The Electoral Commission

An electoral commission is a body charged with the responsibility for organizing and conducting
free and fair elections at different levels in the country. The electoral commission in Nigeria is
currently called the Independent National Electoral Commission (INEC). It has been known by
several other names in the past under different regimes. . For instance, the electoral body was
called Federal Electoral Commission (INEC), in 1993, National Electoral Commission of
Nigeria (NECON) in 1996. It comprises a chairman who is the Chief Electoral Commissioner of
the country and twelve National electoral Commissioners. In addition, each state of the
Federation and the Federal Capital Territory, Abuja has a resident electoral commissioner. It is
the responsibility of the president to the Federation to appoints the chairman and other national
electoral commissioners
14.7.1 Roles and Responsibilities of Electoral Commission

1. Demarcation of Constituencies: The electoral commission divide, delimits and
demarcates the country into electoral constituencies. This is carried out every seven years
or twelve months after a head count (census).
2. Registration of Political Parties: It is the responsibility of the electoral commission to
register political parties based on the requirements set out by the electoral commission.
3. Registration of candidates: It is also a responsibility of the electoral commission not
only to register candidates for elections but to always ensure that voters are also duly
registered.
4. Distribution of electoral materials: Electoral commission is responsible for the
procurement, custody and distribution of electoral materials such as ballot papers, ballot
boxes, voter’s registers and other necessary materials for easy conduct of elections.
5. Recruitment and discipline of Electoral officials: It is the responsibility of the
commission to appoint ad-hoc staff and other electoral officers for the proper conduct of
election in the country.
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6. Certification of Results: The commission will equally be responsible to announce the
results after the conduct of any election and to issue certificates of return to the respective
contestants who emerge victorious during elections.
14.8 Problems of Electoral Commission

The major problems confronting electoral commissions include the following:
1. Partisanship of Electoral officials: Electoral officials are sometimes biased in favour
one particular political party. The ad-hoc staff of the commission also have nothing at
stake, therefore they can easily compromise their job.
2. Lack of Funds: The conduct of elections usually involves huge amount of money to
procure electoral materials and carry out other logistics. Some ruling parties can also
intentionally starve the commission to the detriment of the opposition parties.
3. Violence and Intimidation of Electoral Officials: The political violence that goes with
the conduct of elections sometimes leads to loss of life and property while the electoral
officials are always at the receiving end.
4. Lack of Confidence in the Commission: Due to previous conduct of election during
which the will of the people was truncated by the commission, majority of the electorate
do not have that confidence in the commission; they almost always expect that the will
and aspirations of people will eventually be dashed.
5. Poor Logistics: The poor distribution of materials during election is another problem in
the conduct of election. In most cases, this is intentional in order to favour the party in
power by not making electoral materials available at the polling booths at a specified
period of time.

In this study session, you have learnt the concept of electoral system and various types of
electoral systems. Moreover, the system of voting was fully explained while the concept of
franchise and its types are discussed. Furthermore, the concept of election and its types,
qualifications and disqualifications of voters are identified. The concept of electoral commission
and its roles and responsibilities are also enumerated. Lastly, the problems usually faced by the
electoral commission are largely mentioned.
153
Now that you have come to the end of this study session do you know how well, you have fared?
Would you like to test your understanding of the session? Then see if you could answer the
not understand or that needs further clarification. Discuss this with your lecturer in next tutorial
you will have.

1. The electoral system is central to the development and sustenance of
__________________ in the state.
a) Election and voting behaviour
b) Presidential and Parliamentary
c) Democracy and democratic institutions
d) Legislature and Executive

2. _________________ is a process and procedure by which citizens of a democratic
country elect those who will represent them in the parliament and other positions in the
government through either direct or indirect voting system.
a) Electoral suffrage
b) Electoral system
c) Universal suffrage
d) Representativeness

3. The system that widens the scope of those who are qualified to vote in a country
without any discrimination is called_______________
a) Adult Suffrage
b) Universal Suffrage
c) Tax-payers suffrage
d) Electoral College
154
4. The voting system which guarantees that before a candidate is declared the winner,
such a candidate must score fifty percent plus one of the total cast vote is known as
______________
a) Second ballot system
b) First-past-the-post system
c) Proportional representation
d) Absolute majority system
5. _______________ is a system of allocating seats in the legislature in such a way
that each political party is given a percentage of seat roughly equal to the percentage of
popular votes cast in its favour.
a) Plurality system
b) Absolute majority system
c) Proportional representation
d) Simply majority system

6. __________________ is granted to only adults that fulfil certain conditions like ones
race, sex, property, owed, payment of taxes, educational qualifications, etc.
a) Limited franchise
b) Unlimited franchise
c) Universal suffrage
d) Electoral college

7. All these are reasons for disqualification of voters except
a) Lunacy and Idiocy
b) Certified bankruptcy
c) Residence
d) Conviction of crime
155
8. A body charged with the responsibility for organizing and conducting free and fair
election at different levels in the country is known as _______________________
a) Federal Electoral Commission
b) Electoral Commission
c) Electoral Umpire
d) Independent National Electoral Commission

9. ______________________ is the name of Electoral commission in 1996
a) Federal Electoral Commission
b) National Electoral Commission
c) Independent National Electoral Commission
d) National Electoral Commission of Nigeria

10. All are the problems faced by the Electoral commission except
a) Distribution of electoral materials
b) Partisanship of electoral officials
c) Violence and intimidation of electoral officials
d) Poor Logistics
156
1) C
2) B
3) B
4) D
5) C
6) A
7) C
8) B
9) D
10) A
157
Akinbade, J.A (2008). Government explained (Plus Questions and Answers) Lagos: Macak Book
Ventures
Ball, A.R. (1975). Modern Politics & Government, London: The Macmillan Press Limited.
Diamond, Larry; A. Kirk- Greene and Oyeleye Oyediran (eds) (1997). Transition without end:
Nigerian Politics and Civil Society under Babangida, Ibadan: Vantage Publishers.
Dudley, B.J (1973). Instability and Political Order: Politics & Crisis in Nigeria, Ibadan: Ibadan
University Press.
Oyebola, A. and Ojelabo, A. (1971). A Textbook of Government for West Africa, Ibadan:
Educational Research Institute.
International.
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Study Session 15: The Civil Service
Introduction
In order for the government of a country to function effectively and efficiently, such a
government needs the activities and loyalty of committed citizens to work in the various
departments and agencies. Those people that work in these various departments and agencies are
referred to as civil servants. Therefore, the civil service is an instrument both for policy advice to
the political leadership in the executive and for policy implementation after policies are decided.
However, recruitment of civil servants on the basis of personal qualities and professional
capacities is a late development in many countries. Appointments in the past were determined
principally because the government wanted either to reward some services rendered or because
they wanted to assure themselves of good following.

15.1: Define the concept of civil service
15.2: Discuss the structure of the Nigeria civil service
15.3: Explain the civil service commission and its functions
15.4: Highlight the features of the Nigerian civil service
15.5: Identify why the power of civil servants has increased in recent
years
15.6: Describe the functions of the civil service
15.7: Enumerate the control of the civil service
15.8: List the problems of the civil service
15.9: Itemise ways in which the performances of the civil service may be
improved
15.1 The Civil Service
The executive arm of government is assisted by a body of professional administrators who are
responsible to enforce the will of the state. The civil service refers to all government ministries
and departments. Civil servants are officials who work in government ministries and
departments, excluding the police and the armed forces. The civil service is directly under the
executive arm of government. The government use the civil service for the day to-day
159
administration of the country. Furthermore, the political head of a government ministry is a
minister while the administrative head is the permanent secretary. It is imperative to note that
civil servants are different from politicians. While civil servants are appointed by the government
and have security of tenure, politicians are usually elected although a few are appointed to
political offices and hold office for a specified period of time.
15.2 Structure of the Nigerian Civil Service

The structure of the Nigerian civil service was modelled after the British civil service. Civil
service in Nigeria comprises four classes which are:
a) The Administrative Class: This is the highest and the most prestigious class in the civil
service. Officials in this class include the permanent secretary, under-secretary,
administrative officers, etc. The permanent secretary is the professional head and the
chief administrative office of a ministry. Recruitment of this class is done by the civil
service commission, based on profession of a good university degree and a pass in
competitive examination and an interview. Competent official from the executive class
are sometimes promoted into administrative class. Officers in this class advise the
minister in the formulation of policies and making decisions.
b) The Professional Class: This comprises officials with professional or technical
qualifications or backgrounds. They are professionals or specialists such as doctors,
lawyers, engineers, educationist, financial experts, etc. They are employed to give
technical advice and to assist in the execution of government policies. This class is also a
prestigious class. Sometimes there are conflicts between the general administration and
the specialist administration. They are also recruited by the civil service commission.
c) The Executive Class: There are executive officers of various grades. This class is mainly
concerned with the execution of government policies and decisions. It comprises
executive officers, secretaries, technologists, and other intermediate grades. The
minimum qualification for recruitment is a good university degree or GCE Advanced
level holders from lower classes may be promoted into the class.
d) The Clerical and Manipulation Class: This is the lowest grade in the civil service. It
comprises junior officers of lowest cadre in the civil service such as receptionists,
telephonists, typists, messengers, drivers, gardeners, security officers, etc. They constitute
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the manipulative class. They are recruited by individual ministers and not by the civil
service commission. It must be noted that promotion from one grade to each other in this
class is generally slow.
15.3 Civil Service Commission

The civil service commission is an independent body established by the government to oversee
and regulate the activities of the public servants.
In Nigeria, there are Federal Civil Service Commission and the State Civil Service Commission.
The Federal Civil Service Commission is responsible for the recruitment of officers into the
federal civil service and managing the affairs of the federal public servant. State civil service
commission is also responsible for the appointment and promotion of the state civil servants.
Members of the federal civil service are appointed by the President of the country while those of
the state civil service commission are appointed by the governor of the state.
15.3.1 Functions of the Civil Service Commission

1. The civil service commission conducts all examination and interviews for selecting
applicants into the civil service. The nature of recruitment of civil servants is always
rigorous.
2. The commission always exercises disciplinary control over the civil servants.
3. It also advises the government on matters relating to the civil service.
4. The commission is responsible for the dismissal of civil servants for incompetence or
misconduct.
5. It also responsible for the promotion of civil servants and determining their conditions of
service.
6. The commission facilitates efficient salary scheme and provides a rational wage system
in the public service.
15.4 Features of the Nigerian Civil Service
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The Nigerian civil service is a non-political civil service, like the British civil service.
Appointment is not based on political considerations. The civil service commission is an
independent body and should not receive instruction from the government in power. The features
of the civil service include the following:
a) Permanence and Continuity: This means that a civil servant retains his job or continues
in office until he chooses to resign or reaches the retirement age. It means that a civil
servant should not be dismissed because a new government has come to power. A civil
servant can only be dismissed for misconduct or grave offence and not because there has
been a change of government. Invariably, the civil servant have a security of tenure.
What it means is that the civil servants remain in office while government office holders
are subjected to periodic changes.
b) Neutrality and Impartiality: Civil servants are supposed to be non-partisan and
politically neutral in the performance of their duties. A civil servant is supposed to be
loyal to his minister and government by giving honest advice and co-operating with the
government. This means whether a civil servant supports the party or the government in
power or likes its policies or not, he is required to execute the policies of the government
faithfully. In doing his work, a civil servant must forget about his own political belief. He
must work for the government in power, give advice and execute government policies
whether he supports those policies or not.
c) Anonymity: It simply means that the civil servant should be seen and not heard. That is,
a civil servant does not receive praises or blame for any government policies, although it
is the civil servants that advice the minister on what policy to adopt. Therefore, it is the
minister who has ultimate responsibility. If the policy turns out to be a good one, he takes
the credit. And if goes bad, he takes the blame too. A civil servant is never called upon to
defend any government policy. That is the responsibility of the minister. However, the
minister goes to the legislature to defend the ministry’s policies and he accepts the blame
for any lapses or shortcomings that may be detected in the policies.
15.5 Why the Power of Civil Servant has Increased in Recent Years.
The power of civil servant has increased tremendously in recent years due to the following
reasons:
162
a) Delegated Legislation: In recent times, civil servants and government departments have
been given great powers to make rules and order. Such powers are given to them by the
legislature.
b) Quasi-Judicial Function: Civil servants have been called upon to serve on rent control
tribunal and other administrative tribunals. While these tribunals are not courts in the
proper sense of the words, they act as courts in the sense that they judge cases, settle
cases and prosecute offenders.
c) The Advent of Military: Under the military rule, civil servants tend to exercise a great
deal of power. They become directly involved in political decision making and give
advice to military rulers. When soldiers come to power, they tend to rely on top civil
servants for advice, support and guidance. This is because soldiers have little experience
in civil administration. In the process, civil servants become very powerful.
d) Size of Government Departments: In recent years, the size of government departments
has increased tremendously due to increasing roles and responsibility of government. It
means that the ministers are not able to supervise the whole of their ministries effectively
and efficiently. They therefore rely on and whatever their civil servants tell them because
they consider their advice as expert opinion.
15.6 Functions of the Civil Service

The civil service performs the following functions in the political system:
1. Policy Implementation: The civil servants help in the implementation of government
policies. For instance, various government ministries implement government policies
such as primary health care by the Ministry of Health in order to improve human life.
2. Preparation of Budgets: The civil servants provide detail information needed for
planning and equally provide strategies for implementing the budget.
3. Policy Making: The civil servants provide the ministers with advice and information
needed in the formulation of policies. Their expert advice is equally important.
4. Negotiation with Pressure Groups: They assist the government in its consultation,
negotiation and bargaining with pressure groups. They equally see themselves as
protecting the national interest especially when there are conflicting demands among
various groups in the political system.
163
5. Performance of Quasi-Judicial Functions: Civil servants perform quasi-judicial
functions which are not purely administrative, such as rent controls, price control, welfare
and administrative tribunals.
6. Preparation of Answers to Legislative Questions: Civil servants assist ministers in
answering questions pertaining to their ministries. They provide necessary data and
information as well as answers to questions which are likely to be put to the minister
15.7 Control of the Civil Service

The civil servants are subject to various forms of control which are:
a) Legislative Control: The legislative approves the budget of the various ministries and
ensures that money is spent only for the programmes approved. They may create and
abolish government agencies and may even starve them of funds.
If the money appropriated for a particular project is diverted, the parliament will call
the minister for questioning by its committee.
b) Executive Control: The executive exercises direct political and administrative control
over the civil service. It coordinates the activities of the various ministries and
administrative agencies and appoints ministers, permanent secretaries and other top civil
servant officials. It maintains discipline, provides promotion, training and motivation.
c) Judicial Control: The judiciary exercises greater control over the civil service through
civil and criminal cases involving official misconduct. It may issue writs of mandamus to
compel the performance of official duties and injunctions to prevent wrongful act by the
civil servants. This measure of control is more effective on the civil service.
d) Public Control: Public criticism of the civil servants' performance indirectly leads to
greater efficiency on the part of the civil servants. This criticism may instigate reform
that will lead to more administrative efficiency on the part of the civil service.
15.8: Problems of the Civil Service
The criticisms against the civil service include the following:
1) Delay in Taking Decisions: Civil servants are often criticized for being slow in taking
decision. They cannot act promptly when they are confronted with problems that requires
a pragmatic solutions. The decision making procedure in the civil service involves many
stages and processes.
164
2) Poor Attitude to Work: Civil servants are often accused of showing poor attitude to
work. They do not show sufficient commitment or seriousness in their work. They are
lazy. They engage in truancy absenteeism, etc.
3) Bribery and Corruption: The entire facet of civil service is corrupt. They collect bribe
from the pubic before performing their duties. They inflate the prices of contact awarded
and engage in kick back.
4) Embezzlement and Misappropriation: The civil servants often engaged in
embezzlement and misappropriation of funds. For instance, the tribunals set up by the
military government in previous years brought this into limelight. In fact, senior civil
servants embezzled and misappropriated large sums of public money. They converted
public property to private use and directed public funds into private accounts.
5) Ineffective Organization: Critics also say that the civil service is poorly organized.
There are no effective links between departments in the same ministry or among different
ministries. As a result of this poor organization, files and important documents are often
misplaced, functions are duplicated and records are not properly kept.
6) Waste of Manpower: in the civil service, there are many people doing the same job.
The result is that staff are underutilized, many civil servants have too little work to do
and yet they are paid.
7) Bureaucracy and Redtape: In the civil service, decision making involves long and
unnecessary processes. Therefore, many obstacles and unnecessary rules are to be
observed. The result is unnecessary delay in file processing, decision making and policy
implementation.
15.9 Ways in Which the Performances of the Civil Service may be Improved.
1) There should be close supervision of the activities of the civil servants in order to make
them to be more efficient on their jobs.
2) Civil servants should be encouraged to use their initiative instead of relying on precedent
because the problem at hand may require pragmatic solutions.
3) The civil service commission should exercise greater disciplinary control one civil
servants who are corrupt or engage in acts of indiscipline that will be inimical to the
progress of the civil service.
165
4) Civil servants should be granted facilities such as housing loans, car loans and
scholarships for their children all at low interest rates.
5) There should be a reorganization of the civil service in order to avoid waste of manpower
and duplication of duties which lead to under-utilization of staff.
6) The salaries of the civil servant should be increased and improved of their conditions of
services and other fringed benefits.
7) Bureaucratic practices and redtapism should be eliminated. All these are inimical to
improved performance of the civil servants.
8) Constant training and overseas courses should be encouraged in order to facilitate
professionalism.

In this study session, you have learnt the concept of civil service. The structure of Nigerian civil
service has also been discussed. Moreover, there are detailed explanations of the civil service
commission and its functions. Furthermore, the features of the Nigerian civil service was
highlighted. In addition, functions, controls and problems of the civil service were enumerated
while ways in which the performances of the civil service may be improved is also itemized.


1. ______________ is an instrument for policy advice to the political leadership in the
executive and policy implementation
a) Technocrat
b) Civil servant
c) Civil service
d) Executive arm
166
2. The administrative head of a government ministry is the__________.
a) Director General
b) Minister
c) Permanent Secretary
d) Director of Administration

3. The class of civil servants that are recruited by individual ministers and not by the
civil service commission is known as ____________.
a) The Professional class
b) The Executive class
c) The administrative class
d) The manipulative class

4. The highest and the most prestigious class in the civil service is referred to as
_________________.
a) The Administrative Class
b) The Executive Class
c) The Professional Class
d) The Clerical Class

5. __________________ is an independent body established by the government to
oversee and regulate the activities of the public servant.
a) Ombudsman
b) Pubic complaint commission
c) Civil servant commission
d) Civil service commission
167
6. All are the features of the civil service except _______________
a) Training and scholarship
b) Anonymity
c) Neutrality and impartiality
d) Permanence and continuity

7. ________________ is simply means the civil servants should be seen and not heard
and does not receive praises or blame for execution of government policies.
a) Neutrality and impartiality
b) Anonymity
c) Permanence
d) Continuity

9. All are the reasons why the power of civil servant has increased in recent year except
__________________
a) Democratization
b) Delegated legislation
c) The advent of military
d) Quasi-judicial function

9. None is a the function of the civil service except _______________
a) The advent of the military
b) Negotiation with pressure group
c) Delegated legislation
d) Approval of the budget
168
10. All are means of controlling of the civil service except ____________
a) Legislative control
b) Judicial control
c) Public criticism
d) Executive high handedness
169
Answers To Self-Assessment Questions For Study Session 15
1) C
2) C
3) D
4) A
5) D
6) A
7) B
8) A
9) B
10) D
170
Akinbade, J.A (2008). Government Explained (Plus Questions and Answers) Lagos: Macak
Book Ventures.
Anifowose, Remi and Enemuo Francis (eds). (1999). Elements of Politics, Lagos: Malthouse
Press Ltd.
Ball, A.R. (1975). Modern Politics & Government, London: The Macmillan Press Limited.
Diamond, Larry; A. Kirk- Greene and Oyeleye Oyediran (eds). (1997). Transition Without End:
Dudley, B.J (1973). Instability and Political Order: Politics & Crisis in Nigeria, Ibadan: Ibadan
University Press.
Olusanya, G.O (1975). The Evolution of Nigeria Civil Service 1861-1960: The Problems of
Nigerianisation, Lagos: University of Lagos.
Oyebola, A. and Ojelabo, A. (1971). A Textbook of Government for West Africa, Ibadan:
Educational Research Institute.
International.
Oyediran, Oyeleye (ed), (1984). Nigeria Government and Politics Under Military Rule, London:
Macmillan Publishers.
Sanni, H.A (1999). Control of Nigeria Civil Service Size. Okene: Desmond Tutu Publisher.
171

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Study Session 1: Meaning of Government

Learning Outcomes For Study Session 1

1.1 Definitions of the Subject Matter

1.1.2 Government as a Process or Art of Governing

1.1.3 Government as an Academic Field of Study

1.2 Government and Politics

1.3 Government and the State

1.3.1 Characteristics of a State

1.4 The Citizens and the Government

1.4.1 How can a Person Acquire Citizenship?

Summary of Study Session 1

Self-Assessment Questions (SAQs) for Study Session 1

Section A: Objective Questions

SAQ 1.2 (Tests Learning Outcome 1.1)

SAQ 1.3 (Tests Learning Outcome 1.1)

SAQ 1.4 (Tests Learning Outcome 1.2)

SAQ 1.5 (Tests Learning Outcome 1.2)

SAQ 1.6 (Tests Learning Outcome 1.2)

SAQ 1.7 (Tests Learning Outcome 1.3)

SAQ 1.8 (Tests Learning Outcome 1.3)

Section B: Theory Questions

2. Discuss government and the state.

3. Enumerate the link between Government and Politics.

4. Explain the characteristics of government and state.

Learning Outcomes for Study Session 2

2.1 The Concept of the Legislature

2.2 Features of the Legislature

2.3 Functions of the Legislature

2.4 Managing Assembly and Executive Relations

2.5 Types of Legislature

2.6. The Merits of Bi-Cameral Legislature

2.6.2 The Merits of Unicameral Legislature

2.6.3 The Demerits of Unicameral Legislature

2.7. The Judicial Functions of the Legislature

2.8 The Legislative Functions under the Military

Summary of the Study Session 2

Section A: Objective Questions

SAQ 2.2 (Tests Learning Outcome 2.1)

SAQ 2.3 (Tests Learning Outcome 2.5)

SAQ 2.5 (Tests Learning Outcome 2.5)

SAQ 2.6 (Tests Learning Outcome 2.6.4)

SAQ 2.7 (Tests Learning Outcome 2.5)

SAQ 2.9 (Tests Learning Outcome 2.5)

SAQ 2.10 (Tests Learning Outcome 2.3)

Learning Outcome for Study Session 3

3.1 The Meaning of Executive

3.2 The Effects of Chief Executive

3.3.1 The Legislative Functions of the Executive

3.3.2 The Administrative Functions/Powers of the Executive

3.3.3 The Judicial Functions/Powers of the Executive

3.4 The Bureaucracy and Organisation of Government

3.5 Civil Service and Its Structure

3.5.1 The Structure of the Civil Service

3.6 The Functions of the Civil Service

3.7 The Civil Service Reform in Nigeria

3.8.1 The Functions of the Civil Service Commission

Summary of the Study Session 3

Self-Assessment Questions (SAQs) for Study Session 3.