The Nigerian State, Government and Administrative Law

Governmental Powers are exercised on behalf of a State for its development and the wellbeing of its citizens. This is a consolidated fact based on section 14(2)(b) of the 1999 constitution which states that:

"the security and welfare of the people shall be the primary purpose of government"

The machinery of government is an expression of the society in which it operates, one cannot be understood except in the context of the other. Thus, we see Harlow and Rawlings' assertion about administrative law being basically a reflection of the expectations that society has of "the State".

Government exists to serve the needs of the State as established in the case of Kabirim v Emefor. Thus, where there is no government, there is the problem of insecurity based on non-maintenance of law and order. Government has been defined as a body of persons having sovereignty vested in it to make and enforce laws of a State, or as an institution vested with the powers to make and enforce laws. In the case of Governor, Kwara State v Dada, Government was defined in section 277(1) of the 1979 constitution to include:

"the government of the federation or of any State or of a local government or any person who exercises power or authority on its behalf."

The Government is in the main, comprised of the Legislature, the Executive and the Judiciary. However, the focus on the exercise of governmental powers is usually on the Executive and the incumbent administration.

The Nigerian System is a creation of British colonial rule arising from the amalgamation of the Southern and Northern protectorates on January 1st, 1914 under the rulership of Lord Lugard. Upon amalgamation, the colonial territories that made up Nigeria became a State. A State is defined as an institution or set of institutions which, in order to secure certain elementary common purposes and conditions of life, united under a single authority the inhabitants of a clearly marked territorial area. Main characteristics of a State thus include Territory, Population, Sovereignty and Government.

At Independence, the Nigerian state consisted of three regions which were the Western, Eastern and Northern regions and a Federal territory which was the former British colony of Lagos. There was one constitution for the Federation of Nigeria and each of the three regions had their own constitution. On October 1st, 1963 however, Nigeria abolished the monarchical constitution of 1960 and replaced it with a Republican Constitution. Under this Constitution, the Queen of England ceased to be the ceremonial Head of State or sovereign of Nigeria and sovereignty devolved unto the people of Nigeria.

The Nigerian constitution is of a Federal nature which is of great significance for development and practice of administrative law as the regions or States (36 in number) have power structures autonomous and distinct from the Federal or central government, and operating their own governments and administrative structures. Also seen is the encompassing of a large variety of bodies such as Public Corporations, Parastatals, agencies, inter alia, enjoying varying degrees of autonomy, by the structure of the modern Nigerian State

There is a distinction between the State and the Government which is not often seen by a lot of people. The State is the institution which carries on the functions of government, while the Government is the political leadership and policy/decision making group currently in power. The Government is basically the means by which State power is employed. The State is permanent also while the Government changes periodically.

It must be noted that one of the impacts of military interregnum arising from military intervention from 1966-1979 and 1983-1999 was the seeming fusion of State and government through promulgations of dictatorial military decrees. Consequently, the Nigerian State witnessed an explosion in the growth of the State structures and governmental administrative agencies.

Under the 1999 constitution, the Federal Republic of Nigeria is a State based on the principles of democracy and social justice. Thus, sovereignty belongs to the people. Also, all powers and authority of the government are not only derivable from the constitution, but also subject to its supremacy. And so any exercise of governmental powers not derivable from or traceable to the Constitution shall be declared null and void.