The 14 Bodies That Are Supposed To Be Independent But Under The Presidency! Nigeria has a very weak and terrible constitution that is not suppose to be, today I bring to your notice 14 Federal Executive Bodies that are meant to be independent and free from executive arm of government influence especially INEC, CCB, RMAFC and NJC in order to discharge their duties without fear or favours to any party unfortunately these bodies especially the itemised ones up there are firmly under the grip of the Presidency which prompts me to bring to your notice (enlightened Friends) that can there be justice in Nigeria when one factor in the controversial judgment served Onnoghen, the Chief Justice of Nigeria by the CCT and her compromised sister NJC despite the resistance from the judiciary for the right thing to be done. I choose to expose this weak part of the 1999 Constitution for my learned colleagues in the house to debate and educate us more on why this is so and what can be done to get justice. Third Schedule
Part I
Federal Executive Bodies
(Established by Section 153)
A - Code of Conduct Bureau
1. The Code of Conduct Bureau shall comprise the following members: (a) a Chairman; and
(b) nine other members, each of whom, at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this Constitution shall vacate his office on attaining the age of seventy years.
2. The Bureau shall establish such offices in each state of the Federation as it may require for the discharge of its functions under this Constitution.
3. The Bureau shall have power to:
(a) receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this
Constitution;
(b) examine the declarations in accordance with the requirements of the Code of Conduct or any law;
(c) retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe;
(d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law relating thereto;
(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;
(f) appoint, promote, dismiss and exercise disciplinary control over the staff of the Codes of Conduct Bureau in accordance with the provisions of an Act of the National Assembly enacted in that behalf; and
(g) carry out such other functions as may be conferred upon it by the National Assembly.
4. The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those
provided for public officers in the civil service of the Federation.
B - Council of State
5. The Council of State shall comprise the following persons: (a) the President, who shall be the Chairman;
(b) the Vice-President, who shall be the Deputy Chairman;
(c) all former Presidents of the Federation and all former Heads of the
Government of the Federation;
(d) all former Chief Justices of Nigeria;
(e) the President of the Senate;
(f) the Speaker of the House of Representatives;
(g) all the Governors of the states of the Federation; and
(h) the Attorney-General of the Federation.
(6.) The Council shall have power to:
(a) advise the President in the exercise of his powers with respect to the:-
(i) national population census and compilation, publication and keeping of records and other information concerning the same;
(ii) prerogative of mercy;
(iii) award of national honours;
(iv) the Independent National Electoral Commission (including the appointment of members of that Commission);
(v) the National Judicial Council (including the appointment of the members, other than ex-officio members of that Council); and
(vi) the National Population Commission (including the appointment of members of that Commission); and
(b) advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct.
C - Federal Character Commission
7. (1) The Federal Character Commission shall comprise the following members:
(a) a Chairman; and
(b) one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja.
(2) The Chairman and members shall be appointed by the President, subject to confirmation by the Senate.
8. (1) In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have
the power to:
(a) work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadres of posts in the public service of the Federation and of the States, the armed forces of the Federation, the Nigeria Police Force and other government security agencies, government owned companies and parastatals of the states;
(b) promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;
(c) take such legal measures, including the prosecution of the head or staff of any Ministry or government body or agency which fails to comply with any federal character principle or formula prescribed or adopted by the Commission; and
(d) carry out such other functions as may be conferred upon it by an Act of the National Assembly.
(2) The posts mentioned in sub-paragraph (1)(a) and (b) of this paragraph shall include those of the Permanent Secretaries, Directors-General in Extra-Ministerial Departments and parastatals, Directors in Ministries and Extra-Ministerial Departments, senior military officers, senior diplomatic posts and managerial cadres in the Federal and State parastatals, bodies, agencies and institutions.
(3) Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointments of its directors and senior management staff.
9. It shall be the duty of the Board of Directors of every state-owned enterprise to recognise and promote the principle of federal character in the ownership and management structure of the company.
D - Federal Civil Service Commission
10. The Federal Civil Service Commission shall comprise the following members – (a) a Chairman; and
(b) not more than fifteen other members, who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment.
11. (1) The Commission shall without prejudice to the powers vested in the President, the National Judicial Council, the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission, have power -
(a) to appoint persons to offices in the Federal Civil Service; and
(b) to dismiss and exercise disciplinary control over persons holding such offices.
(2) The Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices of heads of divisions of Ministries or of departments of the government of the Federation as may, from time to time, be designated by an order made by the President except after consultation with the Head of the Civil Service of the Federation.
E - Federal Judicial Service Commission
12. The Federal Judicial Service Commission shall comprise the following members – (a) the Chief Justice of Nigeria, who shall be the Chairman;
(b) the President of the Court of Appeal;
(c) the Attorney-General of the Federation; (d) the Chief Judge of the Federal High Court;
(e) two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association; and
(f) two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity.
13. The Commission shall have power to -
(a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the
office of –
(i) the Chief Justice of Nigeria;
(ii) a Justice of the Supreme Court;
(iii) the President of the Court of Appeal;
(iv) a Justice of the Court of Appeal;
(v) the Chief Judge of the Federal High Court; (vi) a Judge of the Federal High Court; and
(iv) the Chairman and members of the Code of Conduct Tribunal.
(b) recommend to the National Judicial Council, the removal from office of the judicial officers specified in sub-
paragraph (a) of this paragraph; and
(c) appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.
F - Independent National Electoral Commission
14. (1) The Independent National Electoral Commission shall comprise the following members – (a) a Chairman, who shall be the Chief Electoral Commissioner; and
(b) twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionably integrity and not less than fifty years and forty years of age, respectively.
(2) There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall –
(a) be appointed by the President;
(b) be persons of unquestionable integrity;
(c) not be less than forty years of age.
15. The Commission shall have power to -
(a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;
(b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;
(c) monitor the organisation and operation of the political parties, including their finances;
(d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a
report on such examination and audit for public information;
(e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution;
(f) monitor political campaigns and provide rules and regulations which shall govern the political parties; (g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of
Office prescribed by law;
(h) delegate any of its powers to any Resident Electoral Commissioner; and
(i) carry out such other functions as may be conferred upon it by an Act of the National Assembly.
G - National Defence Council
16. The National Defence Council shall comprise the following members – (a) the President who shall be the Chairman;
(b) the Vice-President who shall be the Deputy Chairman;
(c) the Minister of the Government of the Federation responsible for defence;
(d) the Chief of Defence Staff;
(e) the Chief of Army Staff;
(f) the Chief of Naval Staff;
(g) the Chief of Air Staff; and
(h) such other members as the President may appoint.
17. The Council shall have power to advise the President on matters relating to the defence of the sovereignty and territorial integrity of Nigeria. |
