EXECUTIVE ORDER AND THE DOCTRINE OF EXECUTIVE SUPREMACY: THE NIGERIAN EXPERIENCE

Abstract

Presidents in presidential democracies typically possess executive powers that allow them to exercise political leadership. The dynamics of Nigeria’s history has imposed on it a succession of leaders who ruled in such a manner that sharply showed the supremacy of the executive. Doctrine of executive supremacy posits that the executive power is vested in a single person, that powers and duties of the executive branch dominate other organs, it places the President in a position in which he has the right in law and conscience, to do as he can, and which only his capacity will set the limit. This paper identifies the nature and definition of executive powers, the question of use, legality and forms of presidential powers. The paper also appraises the law on modifying and challenging presidential powers. Power theory was adopted to serve as a theoretical base for the article. The methodology adopted in arriving at the findings is doctrinal mainly relying on decided cases and existing literature on the subject or related subjects. Recommendations are made for transparency and accountability in the use of executive orders.