1. A good morning to us and thank God for clement weather. Some days ago I was asked to shed some light on the Executive Orders and their import-whether they are legal or not and I did not oblige. Now I have repented and will try to explain WHAT I KNOW AND THINK about EOs/

2. Let us examine Section 5 (1) of the CFRN:
Subject to the provisions of this Constitution, the executive powers of the Federation:
(a) shall be vested in the President & may subject as aforesaid & to the provisions of any law made by the National Assembly, be exercised by him/

either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and
(b) shall extend to the execution & maintenance of this Constitution, all laws made by the National Assembly & to all matters./

with respect to which the National Assembly has, for the time being, power to make laws.

3. This provision defines the powers and functions of the Executive arm of Government. The powers and duties of the Legislature and Judiciary are also defined by the CFRN/

4. Now, while the powers of the Legislature and Judiciary are easily definable in specificity, the Executive is not, because the Executive covers a large base of policy, execution/implementation, controls, monitoring, administration, security, policing, prosecution etc./

5. The CFRN, cannot therefore prescribe specifics of what the Executive (President) can do, hence the broad based definition of the Executive power in S.5. That section is where the President derives his powers to make Executive Orders. Please note the extent of the rights/

6. The President can exercise powers through others except if NASS passed law restricting this. Also the powers of President "SHALL extend to the execution & maintenance of the CFRN, all laws made by the NASS & to all matters with respect to which the NASS has, power to make laws

7. This means that all laws that are in Nigeria are subject to execution by the President, ergo, in executing them, he can give directives on how to go ahead except if those laws have defined specific prescriptions. The President even has powers to execute matters arising from/

8. areas of human or any endeavour that the NASS has not yet made laws on but are within their powers to make laws. This means that all areas under the Exclusive Legislative list that the NASS has not made laws on can be administered by the President.

9. The Executive Order (EO) is the instrument of power that the President uses to achieve the Constitutional power that he has. Now let's focus on the EO10 which has got some people in a huff: The President says that the Auditor General will henceforth pay the Judiciary & State-/

10. Legislature their statutory allocations directly to them. The States had hitherto been paid all the allocations directly. But is this what the constitution envisages? Clearly not. The Constitution sets out that there are 3 Independent arms of Government-Legis, Exec. & Judic/

11. If the State Legislature is expected to be independent, why must its finances be controlled by the State Executive? He who pays the piper, dictates the tune? If the Judiciary is to be free, why should the state controls its funding? In so far as the CFRN prescribes

12. independence for the arms of government and independence is better guaranteed by financial autonomy, and the NASS has not sought by law to pass any further laws on any aspect of this, the President has the power by EO to prescribe how to give effect to the CFRN's prescription

13. of independence by granting financial autonomy. It is the same purpose that the President achieved by requiring LGA financial autonomy./

14. Now, do I think the EOs may push boundaries? Certainly I do, but what gives-If boundaries are not pushed, how do we have clarity. By doing what he has explicit and inherent powers to do, the President has moved the deepening of our democracy a notch forward. The Governors../

15. have the right to take the matter to court for adjudication if they think boundaries have been pushed, meanwhile let the Judiciary and State Legislatures have their independence. Let the LGAs have their financial autonomy and let dividends of democracy permeate. Let citizens/

16. know where to focus on on issues of development and corruption enquiries. Let the CFRN work for the country. If the CFRN says that LGAs should participate in the economy of the State, let the State establish as structure to make this work. So long as States prefer to operate/

17, as feudal lords, let the President continue to use the EOs to expand ourdemocracy. In this treatise, I have just scratched the surface of what EOs are & what they are used for. Are they legal? definitely. Can they push boundaries? Yes, but ,only court can say they have. End.