The Arms of Government and Functions PDF

TOPIC 2: THE ARMS OF GOVERNMENT AND FUNCTIONS The structure and organization of government vary from one country to the other. However, three arms of government have evolved in order that the goals and business of government may be achieved and carried out effectively. These arms a...

TOPIC 2: THE ARMS OF GOVERNMENT AND FUNCTIONS The structure and organization of government vary from one country to the other. However, three arms of government have evolved in order that the goals and business of government may be achieved and carried out effectively. These arms are the legislature, the executive and the Judiciary. THE LEGISLATURE The legislature is the law-making body of government. It is known as the parliament. It comprises the representatives of the people elected through the party or parties or through other agencies. It debates policies of the executive or can initiate its own policy proposals tabled before the legislature. Such proposals are called bills and when approved and signed they become laws. TYPES OF LEGISLATURE There are two types of legislature unicameral or bicameral legislature. It is unicameral when there is only one legislative body. It is bicameral when there are two e.g. The house of Lords is upper house while the House of commons is the lower house in Britain. The House of senate and House of Representatives known as the Congress in U.S.A. House of Representatives and senate called National Assembly. i.e. The senate which is made up of the Upper House, and the House of Representatives, which is made up of the Lower House (1979 - 1983) in Nigeria. UNICAMERAL LEGISLATURE Unicameralism refers to a situation in a country where there is only one legislative house or body that makes laws. Once a bill has been passed by the assembly, it goes to the president for harassment since no second house exists. e.g. Kenya, Gambia, Sierra- Leone, Ghana etc have once adopted Unicameral legislature. BICAMERAL LEGISLATURE Bicarneralism refers to a legislature with two legislative houses. Before a bill is presented to the president for his assent, it must pass through the two houses. The idea of having two Houses is to ensure that bills are not hastily passed. e.g. Britain. U.S.A., India, Nigeria, Canada, Australia etc have adopted this type of legislature. STRUCTURE OF THE LEGISLATURE The Chairman is called the Speaker in the Lower House and President in the Upper House in the legislature. Each party has certain officials. There the leader of the party, and the party whip who maintains discipline among his party members, The secretary of the legislature is civil servant who is generally known as the Clerk of the House. Proceedings of the legislature are published and are called Hansards. 1. The primary function of the legislature is lawmaking. 2. It supervises the executive. 3. It approves government budget. 4. It amends the constitution of a country whenever it is deemed necessary. 5. It can remove any member of the executive. 6. It performs electoral functions 7. It controls public expenditure and the imposition of taxation. 8. It provides forum for settling political grievances. 9. It educates the public through debates o policies and issues. 10. It serves as a recruitment and training ground for the future leaders of the society. 11. Legislators represent opinions and interest of their constituents 12. It ratifies judicial appointments of the executive 13. It has power to dissolve parliament 14. It has power to set up probes 15. It approves treaties BILLS A bill is a proposed law to be discussed in the parliament in order to become law. A bill therefore metamorphoses into a law. For a bill to be turned into law, the head of state or President must sign or assent to the bill. 1. Appropriation Bill: An appropriation bill deals with the total estimated revenue and expenditure of government in a financial year. Appropriation bill originates from the executive arm of government. 2. Public Bill: This is a bill that deals with the matter or problems that affect the whole or a section of the country. This type of bill comes from the executive arm to the legislature. 3. Money Bill: This is a bill that deals with how Government raises and spends money. A. money bill can therefore be in form of budget that deals with total estimated revenue and expenditure of Government in a financial year. It has to do with specific projects involving expenditure, originating from the executive. 4. Private Member’s Bill: This is a bill brought to the parliament by a member of the legislature or parliament. STAGES OF PASSING A BILL INTO LAW IN THE PARLIAMENT 1. First Reading: This is the stage at which the draft of a bill is presented to the clerk of the house by a minister or a member of the parliament depending on the type of the bill, The clerk of the house normally notifies members of the parliament about the presence of the bill, and the title is read out before them. It will be printed out in leaflets and circulated to all members for them to study before the second reading which the date will be fixed. 2. Second Reading: At this stage, the purpose of the bill is explained to the house by the person who brought it. Members of the house will then debate or argue for or against the bill whether it should be read a second time. It will be put into vote and if more members vote for the bill, it will move to the next stage and if not, that will be the end of the bill. 3. Committee Stage: The bill at this stage is referred to a committee which can be a committee of the whole house or a standing committee, depending on the importance of the bill. A committee of the whole house comprises all members, preside over by the speaker of the house or president of the senate. The bill is considered section by section, and amendment proposed and voted for. Less important bills are referred to standing committee where members are constituted into groups of four or five for purposes of considering bills. 4. Report stage: At this stage, all the findings of the various standing committees are reported to the house or the bill place before the house, after all necessary amendments have been made. The Chairman or the speaker of the standing committee then reads the bill in its amended form to the house. 5. Third Reading: At this final stage, a thorough look is taken at the bill to correct certain errors connected with the drafting or amendment. A final vote is also taken on the bill at this stage, before it is taken to the President for his assent or signature. After the bill has passed all the five stages in both the house of senate and representatives and the President has signed, the bill automatically becomes a law. THE EXECUTIVE It is one of the three organs of government that is responsible for policy making. It implements and enforces laws that are made by the legislature. Members of the executive include the Prime Minister the president, Head of State, Governments, Ministers, Commissioners etc. It is the embodiment of government. TYPES OF EXECUTIVE There are two types of Executives: Parliamentary and Presidential executive. In a parliamentary system the Chief Executive is the Prime Minister. The President acts as the constitutional Head of state while the Prime Minister is the real Head of government with political powers. There is no distinctive separation of powers between the executive and legislature. This is so because the Prime Minister and other Ministers are members of the parliament. e.g Britain. In the presidential system, the president is so powerful that he combines the power and functions of Head of State and head of Government together. The president is not a member of the parliament like that of the Prime Minister. The Principle of separation of powers is strictly followed. The president does not take part in the legislative debates. He chooses his cabinet outside the members of the House of parliament e.g. Nigeria, Cote d ‘Ivoire, Tanzania, Liberia, Brazil, Chile and Mexico. 1. It is charged with the task of maintaining law and order. 2. It intimates and defends bill before the legislature. 3. It recommends measures for the consideration of the legislature. 4. It formulates polices on both foreign and domestic matters, 5. It executes or implements the laws made by legislature. 6. It provides welfare services to the citizens. 7. It maintains external relations, sign treaties, etc with other countries. 8. It prepares the total proposed financial expenditure and revenue of the government. 9. It has the power to pardon convicted offenders in a country. 10. It keeps the public informed about the activities and policies of the government 11. It has the power to dissolve the parliament. 12. It has the power to control what is to be imported and exported in a country 13. It appoints the Chief Justice of the Federation and other high ranking officials of the judiciary. 14. It has delegated power to make minor laws like statutory orders, edicts, etc 15. It carries out general administrative functions like recruitment of civil servants, creation of employment opportunities for the citizens, provision of food; shelter, etc to the people of the country. CONTROL OF THE EXECUTIVE The executive can be controlled in the following ways: 1. The opposition party controls the executive through force and constructive criticisms 2. The legislature in a presidential system can impeach and remove the executive. 3. A free and independent press also controls the executive through fearless criticisms. 4. The Judiciary controls the executive through judicial review. 5. The party in power controls the executive by requesting for the removal of a particular commissioner or minister. 6. The legislature controls the executive through the power to approve the budget and probe the executive. THE JUDICIARY:- The judiciary is the third arm of government responsible for the interpretation of laws. It is also responsible for the punishment of offenders. It is independent of the other two arms of government and thus can adjudicate without fear or favour. It adjudicates in disputes between the executive and the legislature and between government and the citizens. It is the watchdog of democracy and the real safeguard of civil liberties. The Judiciary is made up of different courts like the Supreme Court, Appeal Courts, High Courts, Administrative Courts and Tribunals. Judges are appointed by the executive on the advice of the judicial service commission, but once appointed can only be removed on the grounds of proven misconduct and after due process of enquiry. This is to guarantee judges independence and impartiality. But in a military regime military leaders remove judges without the normal process. FUNCTIONS OF THE JUDICIARY I. It interprets the law, 2. It punishes the offenders. 3. It safe-guards rights and liberties of the citizens. 4. It protects the constitution. 5. It gives advice to the execution prerogative of mercy. 6. They participate as members of Tribunals. 7. It determines election petitions. 8. It adjudicates in disputes between the executive and the legislature and between government and citizens or organizations. INDEPENDENCE OF THE JUDICIARY Independence of the judiciary means that the judiciary must be impartial and free from control and interference by the government, powerful groups and individuals who might wish to influence the course of justice. The judiciary is said to be independent when its officials are free to take decision without any fear of favour. It gives the judiciary the power and courage to check the executive and the legislature in the performance of their functions. It enables judges to preserve individual liberties and check tyranny and dictatorship. IMPORTANCE OF THE INDEPENDENCE OF THE JUDICIARY 1. It enab1es the judiciary to discharge its duties without any fear or favour. 2. It ensures the principle of natural justice. 3. It prevents it from being controlled by other organs of government. 4. It ensures the freedom of the judges in handling cases and interpreting law’s and statutes. 5. It checks the abuse of power and the excesses of government functionaries. 6. It ensures and protects the rights and civil liberties of the citizens, FACTORS THAT ENSURE AND AID INDEPENDENCE OF THE JUDICIARY I. If the judiciary is separated from the other arms of government. 2. If its officials are not appointed by the executive arm of the government. 3. If there is secured tenure of office. 4. The judiciary should be freed from financial control by the executive or legislature. 5. There should be better conditions of work e.g salaries, allowances etc. 6. Judges and Magistrates should not be promoted by the executive but a central body. 7. Judges should not be dismissed by the executive. 8. Judges and magistrates should enjoy some elements of immunity if the independence of the judiciary is to be ensured. Topic 4: The Military and Political Leadership in Nigeria Nigeria's first military junta began following the 1966 Nigerian coup d'état which overthrew the First Nigerian Republic. Major General Johnson Aguiyi-Ironsi was made the Head of the Federal Military Government of Nigeria, serving for six months before being overthrown and assassinated in the 1966 Nigerian counter-coup. First Junta (1966–1979) Aguiyi-Ironsi was succeeded by General Yakubu Gowon, who established a Supreme Military Council. Gowon held power until July 1975, when he was overthrown in a bloodless coup. Brigadier (later General) Murtala Mohammed succeeded Gowon. Months later, in February 1976, Mohammed was assassinated by Buka Suka Dimka and others in a violent coup attempt, but the plotters failed to kill Olusẹgun Ọbasanjọ, who then succeeded Mohammed as head of state. The Supreme Military Council was formally dissolved when Ọbasanjọ handed power to the elected Shehu Shagari, ending the military regime and establishing a Nigerian Second Republic. Second Junta (1983–1985) Shagari was overthrown in the 1983 Nigerian coup d'état and succeeded by Muhammadu Buhari, who was appointed Chairman of a new Supreme Military Council of Nigeria and Commander- in-Chief of the Armed Forces by the junta. Buhari ruled for two years, until the 1985 Nigerian coup d'état, when he was overthrown by General Ibrahim Babangida. Third Junta (1985–1993) General Ibrahim Babangida promulgated himself as the President of the Armed Forces Ruling Council and the first military President of Nigeria. His rule was the longest serving in peacetime and his administration typified the military dictatorships of the 20th century. Babangida promised a return of democracy when he seized power, but he ruled Nigeria for eight years, when he temporarily handed power to the interim head of state Ernest Shonekan in 1993 in a move towards democratization. Two months later, however, Shonekan was overthrown by General Sani Abacha while Babangida was visiting Egypt. Fourth Junta (1993–1999) In 1993, General Sani Abacha overthrew Interim National Government and appointed himself Chairman of the Provisional Ruling Council of Nigeria. After Abacha's death in 1998, General Abdulsalami Abubakar took over and ruled until Olusẹgun Ọbasanjọ again became head of state (via the 1999 presidential election), ending the junta and establishing the Fourth Nigerian Republic. Characteristics of a Military Regime According Awofeso, O. (2006), he identified the following characteristics of a military regime which includes: i. Rule by force/Non-democratic: Since the military always come to power through force otherwise known as coup d'etat. It has been argued that their government is undemocratic. This is because an important feature of democracy is elective principle. ii. No fixed term of office: Unlike the civilian regime, the military regime does not have a fixed term of office. The military government relinquishes power when whenever it feels to do so. iii. Suspension of the constitution: The first thing the does after seizing power is to suspend the constitution and legitimize their regime as the ruling government. iv. Rule by Decrees and Edicts: After suspending the constitution, the military make laws by decrees and edicts at the federal and state levels respectively. v. Autocracy: The military government is always autocratic and dictatorial. This is because they do not owe their existence in government to the electorate; hence they should not be accountable to them. vi. Curtailment of Fundamental Human Rights: Freedom of association and assembly as in the case of formation of political parties and pressure groups, the freedom of the press are most often curtailed under the military regime. vii. Non-separation of the executive from the legislature: The military under normal condition is a part of the executive. But under a military regime, the same body makes laws through decrees and edicts and implements them.