A CRITICAL ANALYSIS OF PRESIDENTIAL POWERS UNDER THE 1999 NIGERIAN CONSTITUTION

A CRITICAL ANALYSIS OF THE SECTION 144 OF THE 1999 CONSTITUTION

ABSTRACT

On the 23rd of November, 2009, President Musa Yar’Adua left Nigeria for treatment abroad in an undisclosed country. For the next 80 days, nobody heard from or saw the federal republic of Nigeria. Even the vice-president, Goodluck Jonathan, could not give any reasonable report of the president’s whereabouts. The activities of the federal executive council became suddenly shrouded and ambiguous. As expected, question about the whereabouts and status of the president began to fly at the national assembly, the judiciary and the federal executive council. The attendant issues that emanated from this situation led to a very tensed period of fierce constitutional arguments by different quarters, especially from legal practitioners, scholars, authors and most especially, the media who put up quite a show fielding all sorts of rumors and speculations.

The purpose of this thesis therefore, is to critically appraise the all the constitutional issues that emanated from the Yar’Adua’s saga. In view of this, the office of the president would be critically examined, together with his powers and obligations in relation to section 144 of the Constitution of the Federal Republic of Nigeria, 1999. Also, the obligation of the Federal Executive Council, the National Assembly and the Judiciary would be examined too.

  • TABLE OF CONTENTS

  • ABSTRACT

  • TABLE OF CONTENTS

  • TABLE OF CASES

  • TABLE OF STATUTES

  • LIST OF ABBREVIATIONS

  • CHAPTER 1

  • GENERAL INTRODUCTION

  • 1.0.0: INTRODUCTION

  • 1.1.0: BACKGROUND TO THE STUDY

  • 1.2.0: OBJECTIVES OF THE STUDY

  • 1.3.0: FOCUS OF THE STUDY

  • 1.4.0: SCOPE OF THE STUDY

  • 1.5.0: METHODOLOGY

  • 1.6.0: LITERATURE REVIEW

  • 1.7.0: DEFINITION OF TERMS

  • 1.8.0: CONCLUSION

  • CHAPTER 2

  • APPRAISAL OF THE OFFICE OF THE PRESIDENT AND THE VICE PRESIDENT

  • 2.0.0: INTRODUCTION

  • 2.1.0: THE OFFICE OF THE PRESIDENT AND VICE-PRESIDENT

  • 2.1.1.0: THE PRESIDENT

  • 2.1.1.1: THE VICE PRESIDENT

  • 2.2.1: QUALIFICATION AND NOMINATION OF THE CANDIDATES CONTESTING FOR THE OFFICE OF THESE OFFICES

  • 2.2.2: GROUNDS FOR THE DISQUALIFICATION OF CANDIDATE

  • 2.2.3: TENURE OF THE OFFICE OF THE PRESIDENT

  • 2.2.4: PROVISION FOR THE EXTENSION OF THE TENURE OF THIS OFFICE

  • 2.2.5: DEATH, INCAPACITATION OF THE OF THE PRESIDENT ELECT BEFORE OATH OF OFFICE

  • 2.2.6: DUTIES, POWERS AND OBLIGATIONS OF THE PRESIDENT

  • 2.2.7: REMOVAL OF THE PRESIDENT FROM OFFICE

  • 2.3.0: CONCLUSION

  • CHAPTER 3

  • IMPLICATIONS OF THE ABSENCE OF THE PRESIDENT FROM OFFICE

  • 3.1.0: INTRODUCTION

  • 3.1.1: THE ABSENCE OF PRESIDENT MUSA YAR’ADUA FROM OFFICE

  • 3.2.0: THE LEGISLATURE IN RESPECT OF THE OF THE YAR’ADUA’S CASE

  • 3.2.1: THE POSITION OF THE JUDICIARY

  • 3.2.2: THE POSITION OF AUTHORS AND SCHOLARS

  • 3.30: CONCLUSION

  • CHAPTER 4

  • AN EXAMINATION OF THE PRESIDENT YAR’ADUA’S CASE

  • 4.1.0: INTRODUCTION

  • 4.1.1.0: PERMANENT INCAPACITY OF THE PRESIDENT

  • 4.1.1.1.: MEANING AND AN EXAMINATION OF PRESIDENT YAR’ADUA’S MEDICAL CONDITION

  • 4.2.0: THE FEDERAL EXECUTIVE COUNCIL

  • 4.2.1: AT WHAT POINT DOES THE FEDERAL EXECUTIVE COUNCIL PASSES THE RESOLUTION DECLARING THE PRESIDENT INCAPACITATED

  • 4.3.0: A CRITIQUE OF THE MUSA YAR’ADUA’S CASE

  • 4.4.0: CONCLUSION

  • CHAPTER 5

  • GENERAL CONCLUSION

  • 5.0.0: CONCLUSION

  • 5.1.0: RECOMMENDATION

  • BIBLIOGRAPHY

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Contents

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The economic realities of these times have shown that utility of landed property, does not only result in the best use of the property, but also in the creation and accummulation of capital. It need not be over emphasised that the availability of capital is absolutely necessary to stimulate business growth and development in a society. Landed property would effectively serve the above purpose through the mobility of rights and interest in such properties. This can easily be facilitated by the concept of alienation. But alienation does not exist in vaCuo nor does it have a universal content. It exist in response to the laws and rules of a particular land tenure system, which determines its relationship with business transactions in properties. The aim of this thesis therefore, is to determine to what extent does the Nigerian Land Tenure System provides the necessary framework for alienation in landed properties. More importantly it examines to what extent does the rules of alienations provides the adequate incentives to stimulate business transactions in landed properties. Chapter one gives a general introduction to the whole subject matter. It deals with the importance of land in the economic setting of both traditional and modern societies. It also discusses the concept of alienation in Nigerian Land Tenure System and the existence of the inalienability theory of land rights in customary societies. The chapter also highlighted the relationship between alienation, business transaction and development in a polity. In chapter two, the nature of property in Nigeria was discussed. This covers both customary and statutory land tenure systems. This approach is designed to understand the basic principles of the rules of alienation in both systems. The types of land holding in each system and the quantum of individual rights in each land holding was subject to systematic analysis. Chapter three discusses the modes of alienation of landed property in Nigeria. These are modes of alienations which are by their nature, business transactions in landed properties. They are the ways by which holders of rights and interest in land, transter their property to raise income or capital as the case may be. Our discussions are not limited to urban land transactions which are popular but also with those practiced under customary law or in rural communities.

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AN ANALYSIS OF UNITED NATIONS CONVENTIONS ON PREVENTION AND CONTROL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES: A CASE STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA

TABLE OF CONTENTS

Title Page i

DECLARATION ii

DEDICATION iii

CERTIFICATION iv

ACKNOWLEDGEMENTS v

TABLE OF STATUTES vii

TABLE OF CONVENTIONS, PROTOCOLS AND OTHER TREATIES viii

TABLE OF CASES ix

TABLE OF ABBREVIATIONS xi

TABLE OF CONTENTS xiii

ABSTRACT xvii

1.0 GENERAL INTRODUCTION 1

1.1 Background to the Study 1

1.2 Statement of the Research Problem 4

1.2.1 Research Questions 11

1.3 Aim and Objectives of the Research 11

1.4 Scope of the Research 12

1.5 Justification for the Research 13

1.6 Research Methodology 14

1.7 Literature Review 15

1.9 Organisational Layout 45

2.0 HISTORICAL DEVELOPMENT OF THE LAW REGULATING

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN NIGERIA, AND

CONCEPT OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES,

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2.1 Introduction 46

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Psychotropic Substances in Nigeria. 46

2.3 Concept of Narcotic Drugs and Psychotropic Substances: Definitions and

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2.3.1 International Law 58

2.3.2 International Treaty 60

2.3.3 Nigerian Law 61

xiii

2.3.4 Domestication of International Law 64

2.3.5 Drugs and Drug Abuse 66

2.3.6 Narcotic Drugs 68

2.3.7 Psychotropic Substances 69

2.3.8 Prevention 70

2.3.9 Control 71

2.3.10 Drug Trafficking 71

2.3.11 Compensation and Remedy 72

CHAPTER THREE 74

3.0 DOMESTIC IMPLEMENTATION OF INTERNATIONAL LAW ON

PREVENTION AND CONTROL OF NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES IN NIGERIA 74

3.1 Introduction 74

3.1.1 Guideline in a Treaty 74

3.1.2 The Principles of Jus Cogens 75

3.1.2 The National Measures for Treaty Implementation. 76

3.1.3 The Process of Domestic Implementation of International Law in Nigeria . 77

3.2 Analysis of Domestic Implementation Treaties on Narcotic Drugs and

Psychotropic Substances 79

3.3 Compatibility of Nigerian Domestic Laws with United Nations Conventions

on Prevention and Control of Narcotic Drugs and Psychotropic Substances 81

3.3.1 The Single Convention on Narcotic Drugs 82

3.3.2 The Protocol to the Single Convention on Narcotic Drugs 86

3.3.3 The Single Convention on Psychotropic Substances 88

3.3.4 The United Nations Convention against Illicit Traffic and Abuse of Narcotic

Drugs and Psychotropic Substances 93

3.3.5 An Analysis of the United Nations Convention against Illicit Traffic and

Abuse in Narcotic Drugs and Psychotropic Substances 95

3.4 An Analysis of Domestic Statutory Law Derived from International Law on

Narcotic Drug and Psychotropic Substances 132

3.4.1 The Dangerous Drug Ordinance 132

3.4.2 The Indian Hemp Decree 134

3.4.3 The Food and Drug Act 135

3.4.4 The Special Tribunal (Miscellaneous Offences) Decree 136

3.4.5 The National Drug Law Enforcement Agency Act 137

xiv

3.5 An Analysis of Domestic and International Institutions Responsible for

Implementing Laws against Narcotic Drugs and Psychotropic Substances. 138

3.5.1 The National Drug Law Enforcement Agency (NDLEA). 138

3.5.2 The Federal High Court 159

3.5.3 The National Assembly 161

3.5.4 The Commission on Narcotic Drugs 163

3.5.5 The International Narcotic Control Board 165

CHAPTER FOUR 167

4.0 PROBLEMS AND CHALLENGES HINDERING THE SUCCESSFUL

DOMESTIC IMPLEMENTATION OF INTERNATIONAL LAW ON

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN NIGERIA 167

4.1 Introduction 167

4.1 The Problems Caused by Inadequate Compliance with the Rules and

Obligations of International Law on Illicit Drugs 167

4.2.1 The Legal Status of Illicit Drug Users under the NDLEA Act 168

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International Convention 175

4.2.3 The Inability of the Government of Nigeria to Prevent Illicit Drug activities

177

4.3 The Challenges Facing Nigeria’s Government Institutions Responsible for

the Domestic Implementation of International Law on Prevention and Control of

Narcotic Drugs and Psychotropic Substance 178

4.3.1 The Poor State of the Economy and the Rise in Illicit Drug Activities in

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4.3.2 The Capacity of the NDLEA to Effectively Perform its Functions 182

4.3.3 The Rehabilitation and Treatment of Victims of Drug Abuse in Nigeria .. 185

4.3.4 Challenges Facing the Federal High Court 187

4.3.5 Challenges Facing the National Assembly 188

CHAPTER FIVE 190

5.0 COMPENSATION AND REHABILITATION FOR VICTIMS OF

NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCES CRIMES IN

NIGERIA 190

5.1 An Analysis Of Compensation For Victims Of Crime Under International

Law 190

5.1.1 The Development of the Law on Compensation for Victims of Crime 191

5.1.2 The Nature, Scope and Trend of Compensation under International Law 193

xv

5.1.3 The Victims of Crime 199

5.1.4 Access to Justice and Fair Treatment 199

5.1.5 Access to Justice 200

5.1.6 Restitution for Victims of Crime 200

5.1.7 Compensation for Victims of Crime 200

5.1.8 Assistance for Victims of Crime 201

5.2 THE FRAMEWORK FOR COMPENSATION AND REHABILITATION

OF VICTIMS OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

CRIMES UNDER NIGERIAN LAW 203

5.2.1 Determination of Victims of Illicit Drug Offences 205

5.2.2 Drug Users 207

5.2.3 The Third Party Victim 208

5.2.4 The Society at Large 209

5.2.5 Legal Representative of Dependants and Relatives of a Deceased Victim . 210

5.2.6 Legal Provision for Compensation Remedies and Rehabilitation of Victims

of Illicit Drugs in Nigeria 212

5.2.7 The National Drug Law Enforcement Agency Act. 213

5.2.8 The Criminal Code 216

5.2.10 The Penal Code 217

5.2.11 The Administration of Criminal Justice Act, 2015 218

5.3 Why Nigeria Needs a Comprehensive Legal Regime on Compensation For

Victims of Drug Crimes 221

CHAPTER SIX 227

6.0 SUMMARY, CONCLUSION AND RECOMMENDATIONS 227

6.1 Summary 227

6.2 Conclusion 231

6.3 Findings 232

6.4 Recommendations 239

6.4.1 The National Assembly 239

6.4.2 The Federal High Court 245

6.4.3 The NDLEA 245

6.4.4 The Federal Government of Nigeria 246

6.4.5 The United Nations 248

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