18th November, 2025

Your Excellency,

The President and Commander in Chief,

Federal Republic of Nigeria,

3 Arms Zone, Federal Capital Territory, Abuja

Your Excellency,

MINISTER OF FCT VS. NAVAL OFFICER: THE NEED FOR SYNERGY AND RESPECT FOR HIERARCHY IN THE EXECUTION OF EXECUTIVE POWER

Your Excellency, may we start by reminding you that ours is a constitutional democracy with clearly defined roles for institutions. Constitutional democracy requires that everyone must abide by the rule of law not the rule of force. The Constitution is supreme and its provisions shall have binding force on authorities and persons throughout the Federal Republic of Nigeria (See Section 1(1) of the Constitution of the Federal Republic of Nigeria, 1999 as Altered [the 1999 Constitution]).

Your Excellency, Section 5 of the 1999 Constitution vests executive power of the Federation in the President. This implies that the President is the original owner of the executive power. The President may exercise the powers under Section 5(1)(a) of the Constitution “either directly or through the Vice-President and Ministers of the government of the Federation or Public Officers in the service of the Federation.”

In the exercise of executive powers, the Constitution deliberately puts ‘the Minister’ first before the use of the words ‘other officers in the service of the Federation’. This clearly shows hierarchy in the exercise of the executive powers. To put in context, any other appointee of the President, other than the Vice-President and Ministers, comes within the context of ‘other officers in the service of the Federation’. By implication, the Services Chiefs come under ‘other officers in the service of the Federation’. This position is further fortified because Section 147 of the Constitution which talks about the appointment of Ministers comes before Section 171 of the Constitution which relates to other presidential appointments.

May we also remind Your Excellency that your powers under Section 5 of the Constitution include ‘execution and maintenance of the Constitution.’ This is the main presidential power. Undefined remarkable powers can be derived from this clause. This makes Nigeria’s President even more powerful than his American counterpart. The US President could not even claim the power to maintain the Constitution (as different from executing it), as it is not in the US Constitution. Maintenance includes the power to preserve, protect and defend the Constitution. US President only claims this power to maintain the Constitution through his oath office.

In view of the above, the bulk stops at your office, Your Excellency. Remember that you faced the electorates and you were given this mandate and trust by the majority of Nigerians. You will also be the one to face the electorates at the next general elections. You will then account for your stewardships. Hence, as the Chief Executive of the federation, you are the Chief Coordinator of the government (Section 148(2)(b) of the 1999 Constitution. Kindly coordinate effectively and efficiently to enable your appointees have synergy and respect hierarchy in the exercise of executive powers; your powers. This should not be difficult for your appointees since the purpose is to serve the nation through Your Excellency.

Thank you and please accept the assurances of our highest regards, Your Excellency.

Prof. A. O. Sambo

Executive Director

Constitutional and Democratic Justice Initiative (CDJI)