Executive orders in Nigeria as valid legislative instruments and administrative tools

Abstract

In carrying out the function of the office, the President in a presidential system such as Nigeria and the United States may issue orders to agents and agencies of the  executive branch. These orders may set out government policies, issue directives or command action relating to functions of the executive arm. Particularly, when  Executive Orders are gazetted and made enforceable with the force of law. An order issued by the President becomes rather controversial when it purports to make law. This paper identifies the nature and definition of executive orders, the questions of use, legality and form of executive orders. The paper also appraises the law on  modifying and challenging executive orders. It then ends with a conclusion that  executive orders may be law-making in disguise and also serves as administrative tools. This dual nature demonstrates that in Nigeria, there is both separation and sharing of powers. Finally, recommendations are made for transparency and  accountability in the use of executive orders. The methodology adopted in arriving at the findings is doctrinal mainly relying on decided cases and existing literature on the subject or related subjects.

Key words: Legislature, executive orders, constitution, administrative