The Functions and Responsibilities of the Cabinet of Nigeria

The Federal Executive Council (FEC), also known as the Cabinet, is the cabinet of ministers of the Federal Republic of Nigeria and is part of the executive branch of the Government of Nigeria. The council's role is to serve as an advisory body to the President of Nigeria, who serves as the FEC's chairman.

Members of the cabinet are appointed by and report to the President, who can dismiss them at will. According to Section 147 (5) of the constitution the only qualification for one to be appointed as Minister is that the person must be “qualified for election into the House of Representatives”. According to the Nigerian Constitution, there must be at least one Cabinet member from each of the 36 states in Nigeria, the number of ministries is a factor of the president's discretion and at times the President takes direct control of a key ministry such as Petroleum Resources.

The FEC was established by Decree No. 1 of 1966, under the Constitution decree enacted following the 1966 Nigerian coup d’état which brought Johnson Aguiyi-Ironsi to power. This decree granted the Federal Military Government (FMG) unrestricted legislative powers across all parts of the country.

Nigeria has practiced three forms of executive powers. The first was under the 1960 and 1963 constitutions where there existed a Parliamentary System of government where power was shared between the Head of State and Head of Government. The next form came under Military rule where all the executive authority was vested in the military head of State who was also the chairman of the legislative body. The third form was the Presidential type under the 1979, 1989 and 1999 constitutions.

Executive Branches of Nigeria

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Historical Evolution of the Federal Executive Council

Although the FEC was formally created, executive authority at the federal level remained vested in the Head of the FMG, who could act directly or through subordinates. Similarly, executive power at the regional level was exercised by Military Governors, who assumed all powers previously held by Regional Executive Councils.

Initially, no new regional executive organs were formed, except in the Western Region, where a provisional Executive Council was established. Later, Decree No. The Supreme Military Council could delegate powers to a Federal Executive Council, predominantly composed of civilian Commissioners.

A major structural change occurred following the coup of 29 July 1975, which led to the dissolution of key government organs including the Supreme Military Council (SMC), the Federal Executive Council, and the various State Executive Councils. The SMC appointed the 25-member Federal Executive Council (FEC) on August 6, 1975.

Structure and Appointment of Cabinet Members

The ministries and parastatals are staffed by career civil servants. Each is headed by a Permanent Secretary, a senior civil servant appointed by the Head of the Civil Service. The Permanent Secretary is accountable to a Minister, who sits in the Cabinet and reports to the President. The heads of the executive ministries are nominated by the President and then presented to the Senate.

Section 147 (6) of the Nigerian constitution gives the Senate 21 days to complete the screening for confirmation or rejection by a simple majority.

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Nominees who pass the screening will go before the Senate for a confirmation hearing. Senators will question the candidates on their experience, priorities, and plans if confirmed as minister. Candidates who win the approval of the Senate are sworn in as ministers in an official ceremony.

The first step to becoming a minister is being nominated by the president. Nominees go through an intensive screening process led by the Department of State Services and the Senate.

Nigeria is one of the few countries in Africa that adopted the federal system of government, for every sector of authorities, effective governance depends on an appropriate division of responsibilities and resources between federal, state and local authorities.

Key Responsibilities of the Federal Government

The federal government of Nigeria is composed of three distinct branches: legislative, executive, and the judiciary, whose power is vested by the constitution of Nigeria.

The federal government is responsible for the following basic duties:

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  • Providing public amenities like public education, power supply, etc.
  • Provision of security to its citizens’ lives and properties.
  • Creating employment opportunities, and an economical environment for businesses to thrive.
  • Protecting the country from external and internal threats.
  • Generating revenue for the country and its states.
  • Establishment of research institutes, educational institutions, health care facilities, etc.

It is also the responsibility of the Nigerian federal government to provide social welfare for its citizens, and so, through the internally generated revenue, a number of resources have been harnessed by the federal government, and revenue gotten from these resources have been used to provide some basic life’s necessities for the Nigerian citizens.

To ensure the responsibilities of the federal government are carried out effectively, tasks have been distributed to federal ministries, the federal ministry is a civil service department that stands as an intermediary between the federal government and its citizens, responsible for delivery of various types of government services.

Powers and Duties of Key Officials

The President

Section 5(1) of the 1999 constitution provides that the executive powers of the Federation shall be vested in the President. The President is saddled with the responsibility of executing and maintaining the provisions of the law and in order to attain an achievement of this, the Constitution endorses the President with certain powers.

Section 130(2) of the 1999 constitution confers on the President, the office of "Head of State and Chief Executive and Commander in chief of the Armed Forces of the Federation". Concerning the position of the President as Commander in chief of the Armed Forces however, the President is never expected to take personal command, though he may if he possesses superior Military talents.

The criteria for qualification for appointment to the office of President is provided in section 131 and they include the following: He must be a Citizen by birth, must be at least forty years old, be a member of a Political party and get sponsored by it and be educated up to at least School certificate level or its equivalent. Section 137 deals with grounds for disqualification. Thus, if an aspirant is declared bankrupt or a lunatic, he is automatically disqualified.

The INEC is responsible for organizing the presidential election, which must not be earlier than Sixty days or later than thirty days before the expiration of the office of the incumbent. By virtue of section 142, to be qualified for nomination, the President must nominate a Vice President from his own political party who is regarded as duly elected once the Presidential candidate is elected.

Before taking office, the President must declare their assets and swear to the oath of allegiance and office to be administered by the Chief Justice of the Federation. The President continues in office until his four-year tenure runs out or he ceases to hold office for other reasons e.g. impeachment, death, lunacy, inter alia. When the President's tenure ends, so does the tenure of the Vice President.

The President's tenure ends where by a resolution of two-thirds majority of the members of the executive Council, he is declared incapable of discharging his functions due to infirmity of body and mind. Such resolution must be verified by medical examination.

Powers and Duties of the President:

  1. Execution and maintenance of the constitution and the laws: This power is embedded in section 5(1)(b) of the Constitution. This basically means that the President is responsible for making sure that the provisions of the Constitution are brought into effect. It is also the duty of the President to ensure that the Laws enacted by the National Assembly are executed in conformity with the provisions of the Constitution.
  2. War powers: By virtue of section 218, the President has the authority to appoint the Chief of Defense, army, navy and Air staff and heads of any other branches that may have been established by the National Assembly. Generally, he cannot initiate or declare war with another country without the sanction of a resolution of both Houses of the National Assembly at a joint sitting. This is except where the security of Nigeria is being threatened or endangered.
  3. Appointment and removal:
    • Ministers and Special advisers: The President has the power to establish as many ministerial lists as he deems fit. The Senate must confirm any appointments by the President. Appointment of ministers must also reflect the principles of Federal Character and each state must be as far as possible, duly represented.
    • The Attorney-general of the Federation: The Attorney General is the minister of justice, and so an important member of the Executive department. He is appointed by the President subject to confirmation by Senate.
    • The Civil Service: The President has the power to appoint and remove Officers into and out of Civil service posts such as Secretary to the Federal Government, Ambassadors, inter alia.
    • Executive commissions and Councils: The President has the power to appoint the Chairman and members of the Commission, subject to confirmation by Senate.
    • Members of the Judiciary: The Chief Justice of the Federation is appointed by the President, on the recommendation of the National Judicial Council, subject to confirmation by Senate. The President on the recommendation of the National Judicial Council makes appointments of other judges of the various courts.
  4. Power over public funds: The President is responsible for the preparation of a budget for the expenditure of the amount standing to the tune of the Federation and lays it before the Legislature for approval.
  5. Treaty making powers: It is the Chief Executive or Head of Government that is given the authority to enter into international treaties on behalf of the Nation.
  6. Perogative of mercy: The President may use this power to either pardon a person of punishment, grant respite, substitute punishment or remit punishment on a person, partly or wholly.
  7. Declaration of a state of emergency: The President may by instrument published in the Official-Gazette of the Government of the Federation, issue a Proclamation of a state of emergency in the Federation or any part thereof.
  8. Other powers: The President has the power to make regulations in relation to Citizenship matters under Chapter Three of the Constitution and for granting special immigration status with full residential rights to spouses of Nigerians who do not wish to become Nigerians.

The Vice President

Section 142 establishes the importance of the office of the Vice President. The Vice President is not given any particular role under the Constitution and it is the President who determines what role he plays in government.

State Governors

Section 5(2)(a) and (b) vest the executive powers of the State in the governor and he may exercise it directly or through his deputy, commissioners or officers of the State Public Service. It should further be understood that the Governor holds the duty of ensuring that the provisions of the Constitution are executed and maintained within his domain, and can litigate against any infraction. It should also be noted that section 5(3) limits the scope of the executive powers of the Governor.

Qualification for the position of Governor of a State. Such a candidate must be at least 35 years old, be a citizen of Nigeria by birth, belong to a political party which must sponsor him and be educated up to at least School certificate or its equivalent. Upon assuming office, the governor must declare his assets and liabilities and subscribe to the oath of allegiance and oath of office before the Chief Judge of the State or whoever may be appointed to perform the function.

According to section 180, the tenure of a governor ends when his successor in office takes the oath of that office, or he dies whilst holding such office, or when his resignation from office takes effect or he otherwise ceases to hold office in accordance with the provisions of the Constitution. Generally, however, the governor's tenure ends after four years.

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The Role of a Minister

A minister has a long list of responsibilities. They oversee an entire government department, propose new laws and policies, answer questions in the National Assembly, deal with the media and public scrutiny. Not to mention managing a huge staff, a large budget, and trying to actually get things done in a country with its fair share of bureaucracy and corruption.

In Nigeria, a minister typically leads a ministry and advances the president’s agenda in those ministries. This involves:

  • Developing and implementing policies, programs, and projects within the ministry.
  • Preparing and managing the ministry’s budget.
  • Supervising the permanent secretaries and directors of the ministry.
  • Reporting to and advising the President and cabinet.
  • Representing the ministry both domestically and internationally.
  • Overseeing the drafting and passage of bills related to their ministry.

Tinubu Cabinet (2023-Present)

Bola Tinubu assumed office as President of Nigeria on 29 May 2023. The president has the authority to nominate members of his Cabinet to the Nigerian Senate for confirmation.

Position Office Holder President's History
President Bola Tinubu Former Lagos State Governor (1999-2007), Former Nigerian Senator for Lagos West (1992-1993)
Vice President Kashim Shettima

Examples of Ministers:

  • Minister of the Federal Capital Territory- Nyesom Wike
  • Minister of State, Education, Yusuf T.
  • Minister of Housing and Urban Development, Ahmed M.
  • Minister of State, Housing and Urban Development, Abdullahi T.
  • Minister of State, Water Resources and Sanitation, Bello M.
  • Minister of Interior- Sa’idu A.
  • Minister of Foreign Affairs- Yusuf M.
  • Minister of State, Steel Development- U.

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