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Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. - Politics - Nairaland

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Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Alexk2(m): 11:40am On Apr 25, 2018
I decide to put this together because of the lingering controversy on separation of power and the incessant abuse of our constitution by the politicians and the consequential effect on the masses especially the youths. It saddens me whenever I read or listen to blind arguments from a supposedly "educated" youths and adults. By this write-up, I'm hoping I'll be able to correct some trending controversies and also encourage many to read wide to be able to contribute intellectually while discussing national issues.

First, I'll define the term constitution in simple terms and the role of all the arms of government.

1. The Constitution of Nigeria is the supreme law of the Federal Republic of Nigeria. Nigeria has had a series of constitutions. The current constitution was enacted on 29 May 1999, inaugurating the Nigerian Fourth Republic.

2. The Legislative arm makes our laws. Laws are discussed, drafted and enacted by the Legislators. At the national level, together, the two houses (Lower and upper) have various important powers. NA passes legislation, debate on and approves budgets, impeaches federal officials, approves presidential nominations and appointments to federal positions. Please note that all there powers starts and ends with the constitution.

3. The Executive arm is responsible for implementing and administering the public policy enacted and funded by the legislative branch. Simply put, they are charged with the responsibility of implementing the laws or tenants of the constitution. Under the executive, we have all the security forces and all ministries and parastatals.

4. The judiciary arm is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

5. The term "separation of powers” simply means these three powers as defined above must be separate and acting independently. Separation of powers in this case, therefore, refers to the division of government responsibilities into distinct three branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. Check the attached pictures.

Haven defined all the basics, I must emphasize here that all these arms are guided by the SUPREME LAWS (The Constitution). Their duties, powers, and limits are spelled out by the constitution and anything done outside the dictate of the constitution is ILLEGAL and termed unconstitutional.
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I'll be back for more.

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Re: Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Alexk2(m): 3:32pm On Apr 25, 2018
.....

All these arms have policies/rules/acts/guidelines/code of conducts drafted to help them carry out there duties effectively and even though these policies/acts/guidelines e.t.c are not LAWS that you can find in the constitution, it helps mostly in defining roles and should ordinarily elaborate or coroborate what is already in the constitution. For example, we have electorial acts, rules of the NA, CBN Monetary policies, Professional codes of conducts, rules guiding associations and unions (like niaraland rules). Unfortunately, we have some of these written or drafted even by the legislators in errors so much so that in some casses it assume the role of the constitution or negates the tenants of the constitution and consquently it generate a lot of constrovercies and legal actions. Let it be known that no acts/policies/point of order/guidelines e.t.c. can be a substitude to the constitution. It becomes illegal if it doesn’t have a basis from the constitution.

To break it down more simply, let’s consider the nairaland rules. Without these rules and it’s enforcements, Seun would have been plunged into series of legal battles on all fronts and his vision averted or derailed. As simple as these rules are, it reminds every nairalander that as long as you want to post or open a thread here, you must be guided by it. It will be interesting to note that most of these rules are only an extension of various portion of our constitution so much so that if subjected to legal interpretations, it’s legality will be affirmed seemlessly. A few of these rules can as well generate controvercy and may not stand the test of the court of law; exampleis the unwritten law that ban everybody beside Muslims from posting in” Islam for Muslims” forum under the religion section. This “unwritten rules” is against the fundamental human rights of other nairalanders as entrenched in the constitution even though we must understand that such rights comes with responsibity and limits.

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Re: Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Reelectbuhari: 3:49pm On Apr 25, 2018
Alexk2:
.....

All these arms have policies/rules/acts/guidelines/code of conducts drafted to help them carry out there duties effectively and even though these policies/acts/guidelines e.t.c are not LAWS that you can find in the constitution, it helps mostly in defining roles and should ordinarily elaborate or coroborate what is already in the constitution. For example, we have electorial acts, rules of the NA, CBN Monetary policies, Professional codes of conducts, rules guiding associations and unions (like niaraland rules). Unfortunately, we have some of these written or drafted even by the legislators in errors so much so that in some casses it assume the role of the constitution or negates the tenants of the constitution and consquently it generate a lot of constrovercies and legal actions. Let it be known that no acts/policies/point of order/guidelines e.t.c. can be a substitude to the constitution. It becomes illegal if it doesn’t have a basis from the constitution.

To break it down more simply, let’s consider the nairaland rules. Without these rules and it’s enforcements, Seun would have been plunged into series of legal battles on all fronts and his vision averted or derailed. As simple as these rules are, it reminds every nairalander that as long as you want to post or open a thread here, you must be guided by it. It will be interesting to note that most of these rules are only an extension of various portion of our constitution so much so that if subjected to legal interpretations, it’s legality will be affirmed seemlessly. A few of these rules can as well generate controvercy and may not stand the test of the court of law; exampleis the unwritten law that ban everybody beside Muslims from posting in” Islam for Muslims” forum under the religion section. This “unwritten rules” is against the fundamental human rights of other nairalanders as entrenched in the constitution even though we must understand that such rights comes with responsibity and limits.

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which tribe are u?
Re: Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Alexk2(m): 3:55pm On Apr 25, 2018
Reelectbuhari:








which tribe are u?
My tribe/ethnicity is immaterial bro. How'll that help you?

1 Like

Re: Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Reelectbuhari: 4:14pm On Apr 25, 2018
Alexk2:

My tribe/ethnicity is immaterial bro. How'll that help you?


will go a long way to help us....is very necessary so that we can pigeon hold ourselves accordingly.........
Re: Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Reelectbuhari: 4:15pm On Apr 25, 2018
Alexk2:
My tribe/ethnicity is immaterial bro. How'll that help you?
so wotz ur ethnicity?
every question is for a reason?
Re: Understanding The Basics Of The Constitution, Arms Of Governments & It's Powers. by Blackbelly(m): 9:41pm On Feb 16, 2019
Nice read. I've been searching for some enlightenment on the above topic for a while now. Please add some more info, I find it helpful smiley

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