Examkin

Question

Difficulty: MediumSecond Republic and the 1979 Presidential Constitution

Under the 1979 Constitution of Nigeria, if a sitting member of the National Assembly was appointed by the Executive President as a Federal Minister, the member was constitutionally required to vacate their legislative seat. Which fundamental constitutional principle dictated this requirement?

  1. The strict separation of personnel and powers between the executive and legislative branchesAnswer
  2. B
    The parliamentary requirement of collective cabinet responsibility to the legislature
  3. C
    The constitutional provision granting judicial review over executive cabinet composition
  4. D
    The requirement to preserve state government control over federal ministerial appointments

Answer

The strict separation of personnel and powers between the executive and legislative branches
The correct answer emphasizes the strict separation of personnel established by the 1979 Constitution of Nigeria. Unlike the 1960/1963 Parliamentary system where ministers were chosen from within parliament and retained their legislative seats, the 1979 executive presidential model mandated complete organ independence. Consequently, any legislator appointed to the executive cabinet had to vacate their seat in the National Assembly to avoid executive dominance over the legislature.

Step-by-Step Solution

1
Analyze the constitutional executive system introduced in 1979
The 1979 Constitution abandoned the Westminster parliamentary framework in favor of an executive presidential system.
Understanding the structural shift clarifies the rules governing relationships between government organs.
2
Examine the doctrine of separation of powers under the 1979 Constitution
To ensure check and balance mechanisms, the 1979 Constitution barred individuals from simultaneously belonging to both the legislative and executive branches.
Dual membership would compromise legislative independence and create conflicts of interest.
3
Evaluate the mandatory outcome when a lawmaker is appointed as minister
A lawmaker appointed by the President as a Federal Minister had to formally resign their seat in the National Assembly prior to assuming executive office.
This requirement enforced strict personnel separation between the lawmaking and law-enforcing bodies.

Key Concept

Separation of Powers in the 1979 Presidential Constitution
Rate this question

Topics

Second Republic and the 1979 Presidential Constitution