iv) Miscellaneous and Emergency Functions
The executive perform other functions like award of national honours to
distinguished citizens and foreigners who have made positive contributions to the affairs of a country. The exercise of emergency powers during civil wars or war with other nations, internal disturbances or during constitutional crises also falls within the purview of the executive arm. In the definition of what constitutes a state of public emergency the executives of modern governments exercise high degree of flexibility, which forms the basis of which they assume emergency powers. Indeed, as early as the First Republic in Nigeria there were controversies on the
justifications or not for the exercise of emergency powers by the federal government over the affairs of the former Western region in 1962. Similar reactions greeted the declarations of a state emergency in both Plateau and Ekiti states by the federal government during the reign of President Olusegun Obasanjo.
To make the discharge of these executive functions and responsibilities easier and more effective the Nigerian constitution also established some bodies that are meant to assist the chief executive of the country. They include the National Council of State, Federal Civil Service Commission, Federal Electoral Commission, Federal Judicial Service Commission, National Defence Council, National Economic Commission, National Population Commission, National Security Council and Police Service Commission. Some of these bodies are replicated at the state level, in addition to the State Council of Chiefs, which specifically fall under the residual powers of state governments.
Self-Assessment Exercise 3.3
Discuss the importance of policy leadership to the functions of the executive arm of government.
to expatiate on these principles.
The principles of impartiality and anonymity of the civil service, to mention just two of them, is so fully developed in the advanced countries of the world that they have gradually evolved into a distinct culture. This is why Max Weber says:
The code which must guide the administrator in the tropics is to be found in no book of regulations. It demands that in every circumstance and under all conditions, he shall act in accordance with the tradition of an English gentleman. The job in hand comes first: the interests and opinions of the person carrying out the work should be subordinates.
This is the essence of what is known as bureaucracy, the backbone of the major activities of the executive arm. While there is virtue in the practice of bureaucracy, yet there are dangers in over-reliance on it and its rigid, almost mechanical
prescriptions. It creates the dual problem of how to preserve customary values and practices as well as how best to use the human and material resources of the state to effect rapid economic development. This challenge has led to introduction of the concept of development administration as a new philosophy of public
administration, which has already been adopted by developing countries. It has also contributed to the clamour for the eradication of, or less emphasis on the practice of
the spoils system by the executives in the administration of a country.
The spoils system, according to the World Book Encyclopedia Vol. 18, 2006
edition, is the practice of giving public offices as political rewards for party services.
This system can be found in any country that practices multiparty democracy. When a political party comes into power, some of its faithful followers or officials are given political or public as a reward for supporting the party, or compensation for their roles in assisting the party to win elections. Many people feel this system is justified because they argue that a victorious party must shape policies to satisfy its supporters. Others however feel that the practice is not justified because able occupants are being displaced from their positions to make room for others who may not be competent, but whose recruitments are based solely to party affiliation or loyalty. Historically, the idea of using the spoils system to enhance presidential control of the bureaucracy had its origin in the United States during the reign of President Andrew Jackson. His friend, Senator William L. Marcy of New York popularised the slogan “to the victor belong the spoils of the enemy”.
The consequence of the spoils system is that it bred corruption in the public service of the United States. Opponents of the system were unrelenting in their agitation against. Indeed a disappointed office seeker in the United States shot and killed President Garfield and his death increased the momentum of public demand for the reform of the civil service in U.S. Despite the reforms, it has not been possible to dissuade the executives in the United States, and indeed of most governments in the world from the practice of the spoils system, with the consequence that the
performance of the government where the practice is the norm has been less optimal.
Self-Assessment Exercise 3.4
Enumerate how the spoils system is inimical to the performance or efficiency of
administration of a government in a state.
4.0 CONCLUSION
In theory, the legislature is said to enjoy primacy in its relations with the executive.
This is premised on the classical proposition and constitutional requirements that every major executive action must receive legislative sanction before it can become operation, as well as the assumption that popular sovereignty primarily inheres in the elected representatives of the people who sit in the legislative council. However, in practice the executive arm in many countries today has become more powerful than the legislature, and arguably the most powerful organ of government, largely because it controls the power of the purse and sword. More importantly, as the process and activities of government become more complex and sophisticated those who control the executive arm have devised numerous ways by which they
circumvent legislative scrutiny or even subvert its oversight functions.
4.0 SUMMARY
In this Unit, we have examined the executive organ of government, its structure, types and functions. We also observed that though the function of the executive is primarily the implementation of the policies and programmes of government, but it has become increasingly involved in certain activities that were previously the exclusive preserve of the two other organs. This intrusion by the executive has become imperative for the purposes of the organic working of government, and prompt response to situations that could not be readily or immediately foreseen.
6.0 TUTOR-MARKED ASSIGNMENTS
1. Mention major functions of the Executive arm of government
2. Explain why the Executive arm is increasingly becoming more important in relation to the Legislature
3. Discuss the various ways by which the Executive arm exercises control over the Legislature
7.0 REFERENCES/FURTHER READING
Appadorai, A., (2004), Substance of Politics, Oxford University Press, London Jordan, R. (1982), Government and Power in West Africa, Benin City, Ethiope Publishing.
Laski, H. (1982) A Grammar of Politics, London, George Allen and Unwin Publishers
Mbah, M.C.C (2007) Foundation of Political Science, Anambra Rex Charles &
Patrick Limited, p.144-145
Ojo. J.D (2004): “The Executive under the Nigeria Constitution in Federalism and Political Restructuring in Nigeria ed. by Kunle Amuwo et al, Spectrum Books, Ibadan
UNIT 3: THE JUDICIARY: ITS ROLE AND INDEPENDENCE