The Executive, Composition, Functions and Powers for SS 1

Structure and organization of government (executive)

Performance Objectives

By the end of the lesson, students should be able to:

1. explain the composition of the executive;
2. discuss the types of executives;
3. evaluate the functions of the executive;
4. analyse executive control.

Meaning of the Executive

The executive is the arm of government responsible for implementing, enforcing and administering the laws made by the legislature.

While the legislature passes bills into law, the executive ensures that these laws are carried out in the daily administration of the state. The executive also formulates policies, maintains public order and represents the state in international relations.

Composition of the Executive

The executive arm of government is broad and consists of two main divisions: the political executive and the permanent (or administrative) executive.

The Political Executive

The political executive consists of elected officials and political appointees who hold office for a specific tenure. This group is responsible for policy formulation and political leadership. The key members of the political executive include:

1. The Head of State or Head of Government: This is the President (in a presidential system) or the Prime Minister (in a parliamentary system).
2. The Cabinet: This includes Ministers (at the federal level in Nigeria) and Commissioners (at the state level in Nigeria) who head various government ministries.
3. Advisers and Assistants: These are political appointees who provide specialized advice to the president, governors or ministers.

The Permanent Executive (The Civil Service)

The permanent executive consists of career civil servants and public administrators who implement government policies. Unlike the political executive, civil servants are not elected and do not leave office when a new government is voted in. They are employed based on merit, remain politically neutral and serve until their retirement age. The key members of the permanent executive include:

1. Permanent Secretaries: These are the administrative heads of government ministries who advise ministers and oversee the daily running of the ministries.
2. Directors and Departmental Heads: These are senior civil servants who manage specific departments within ministries.
3. General Civil Servants: These include administrative officers, clerks, technical staff and field workers who execute government programmes.
4. Law Enforcement Agencies: The police, military and other security agencies form part of the executive arm as they enforce laws and maintain internal and external security.

The diagram below illustrates the structural division of the executive arm of government.

Types of Executives

There are different ways the executive arm can be structured and organized. The two primary types of executives are the Presidential executive and the Parliamentary (or Cabinet) executive.

Presidential Executive

In a presidential executive, executive power is vested in a single individual called the President. The President is both the Head of State and the Head of Government. This system is characterized by a strict separation of powers among the three arms of government.

The main features of a presidential executive include:

1. Single Executive: The President holds both ceremonial powers as Head of State and executive powers as Head of Government.
2. Direct Election: The President is elected directly or indirectly by the electorate for a fixed term of office, independent of the legislature.
3. Separation of Powers: Members of the executive cabinet cannot be members of the legislature. If a legislator is appointed as a minister, such a person must resign from the legislature.
4. Presidential Veto: The President has the power to assent to bills passed by the legislature or veto them.
5. Individual Responsibility: Ministers are personally responsible to the President, who appoints and can dismiss them at will.

Nigeria (under the 1979 and 1999 Constitutions) and the United States of America are prominent examples of countries operating a presidential executive.

Parliamentary or Cabinet Executive

In a parliamentary executive, executive power is divided between two different individuals: the Head of State and the Head of Government. This system is characterized by a fusion of powers between the executive and the legislature.

The main features of a parliamentary executive include:

1. Dual Executive: There is a ceremonial Head of State (such as a Monarch or a ceremonial President) and an active Head of Government (the Prime Minister) who exercises real executive power.
2. Fusion of Powers: The Prime Minister and cabinet ministers must be members of the legislature (parliament). They sit in parliament to debate and vote on laws.
3. Collective Responsibility: The cabinet acts as a team. Decisions made by the cabinet are binding on all members, and they must defend these decisions publicly or resign.
4. No Fixed Tenure: The executive remains in power only as long as it enjoys the confidence of the legislature. If parliament passes a vote of no confidence, the government must resign.
5. Right of Dissolution: The Prime Minister can advise the Head of State to dissolve parliament and call for fresh elections before the official end of the legislative term.

Great Britain is the classic example of a parliamentary executive. Nigeria also operated this system during the First Republic (1960–1966).

The table below highlights the key differences between the presidential and parliamentary executives.

The diagram below illustrates how power flows and connects the executive and legislative arms in both systems.

Functions of the Executive

The executive performs several critical functions to ensure the smooth running of the state. These functions can be categorized as follows:

1. Implementation of Laws

The primary function of the executive is to execute, enforce and implement the laws passed by the legislature. Government ministries, departments and agencies (MDAs) carry out the daily tasks required to translate laws into public services.

2. Policy Formulation

The executive initiates and formulates government policies, programmes and development plans. These policies guide national development in sectors such as education, health, agriculture and transportation.

3. Maintenance of Law and Order

Through law enforcement agencies such as the police, civil defence and other security services, the executive maintains internal peace, protects lives and property, and prevents crime within the state.

4. Military and Defence Functions

The President or Head of Government serves as the Commander-in-Chief of the Armed Forces. The executive is responsible for defending the territorial integrity of the country against external aggression and suppressing internal insurrections.

5. Financial Administration

The executive prepares the annual budget (estimates of revenue and expenditure) and presents it to the legislature for approval. Once approved, the executive supervises the collection of taxes and the spending of public funds.

6. Foreign Relations and Treaty-Making

The executive represents the country in international affairs. It appoints ambassadors, negotiates treaties, signs international agreements and maintains diplomatic relations with other nations.

7. Judicial Functions

The executive performs certain judicial functions, which include:

1. Prerogative of Mercy: The President or Governor has the constitutional power to pardon convicted criminals, reduce their sentences or delay execution.
2. Appointment of Judges: The executive appoints senior judges, usually on the recommendation of an independent judicial body (such as the National Judicial Council in Nigeria) and subject to legislative confirmation.

8. Legislative Functions

In a presidential system, the executive performs legislative functions by signing bills into law (assent) or vetoing them. In a parliamentary system, the executive initiates most of the bills debated in parliament and has the power to advise the dissolution of parliament.

Control of the Executive

Because the executive controls the instruments of coercion (the military and police) and public funds, there is a risk of abuse of power, tyranny or dictatorship. Therefore, various mechanisms are put in place to control and check the powers of the executive.

The main methods of controlling the executive include:

1. Legislative Control

The legislature exercises control over the executive through several constitutional means:

1. Approval of the Budget: The executive cannot spend public funds unless the legislature approves the appropriation bill (budget). This is known as the “power of the purse.”
2. Impeachment: The legislature can investigate and remove the President, Vice President, Governor or Deputy Governor from office for gross misconduct.
3. Confirmation of Appointments: Key executive appointments, such as ministers, ambassadors and heads of security agencies, must be confirmed by the legislature.
4. Oversight Functions: Legislative committees have the power to investigate executive ministries, departments and agencies to ensure public funds are spent properly.
5. Vote of No Confidence: In a parliamentary system, the legislature can dismiss the entire executive cabinet by passing a vote of no confidence.

2. Judicial Control

The judiciary controls the executive through the power of judicial review. The courts can declare executive actions, orders or appointments unconstitutional, null and void if they violate the constitution or existing laws. Citizens can also sue the executive for violating their fundamental human rights.

3. Constitutional Control

The constitution limits executive power by clearly defining the scope of executive authority, establishing a separation of powers and setting term limits (such as a maximum of two terms of four years each for the President and Governors in Nigeria).

4. Public Opinion and the Mass Media

Public criticism, media reports, editorials and investigative journalism expose executive corruption, inefficiency and abuse of power. A critical public and an independent press force the executive to remain responsive and accountable to the people.

5. The Electorate and Periodic Elections

The ultimate control over the political executive lies with the voters. Through periodic, free and fair elections, citizens can vote an underperforming executive out of office and elect new leaders.

6. Civil Society and Pressure Groups

Non-governmental organizations, trade unions (such as the Nigeria Labour Congress), professional bodies (such as the Nigerian Bar Association) and human rights groups organize protests, strikes and advocacy campaigns to resist unpopular executive policies.

Summary

The executive is the administrative engine of the state. Its composition spans from political leaders to career civil servants. While its functions are vast and essential for national survival, its immense power requires continuous monitoring and control by the legislature, the judiciary, the media and the citizens to prevent tyranny and ensure good governance.

Evaluation Guide

Answer the following questions to review the lesson:

1. Explain the difference between the political executive and the permanent executive.
2. Identify three key members of the permanent executive.
3. Discuss three major differences between a presidential executive and a parliamentary executive.
4. Evaluate four primary functions performed by the executive arm of government.
5. Explain three ways the legislature can control the executive in a presidential system.
6. How does the judiciary exercise control over the executive?