Politics of Nigeria

The federal government of Nigeria is composed of three distinct arms: the executive, the legislative, and the judicial, whose powers are vested and bestowed upon by the Constitution of the Federal Republic of Nigeria. One of the primary functions of the constitution is that it provides for separation and balance of powers among the three branches and aims to prevent the repetition of past mistakes made by the government. Other functions of the constitution include a division of power between the federal government and the states, and protection of various individual liberties of the nation's citizens.

Nigerian politics take place within a framework of a federal and presidential republic and a representative democracy, in which the president holds executive power. Legislative power is held by the federal government and the two chambers of the legislature: the House of Representatives and the Senate. The legislative arm of Nigeria is responsible for and possesses powers to legislate laws. Together, the two chambers form the law-making body in Nigeria, called the National Assembly, which serves as a check on the executive arm of government. The National Assembly of Nigeria (NASS) is the democratically elected body that represents the interests of the Federal Republic of Nigeria and its people, makes laws for Nigeria, and holds the Government of Nigeria to account. The National Assembly (NASS) is the nation's highest legislature, whose power to make laws is summarized in chapter one, section four of the 1999 Nigerian Constitution. Sections 47–49 of the 1999 Constitution state, among other things, that "There shall be a National Assembly (NASS) for the federation which shall consist of two chambers: the Senate and the House of Representatives." The Economist Intelligence Unit rated Nigeria a "hybrid regime" in 2019. The federal government, state, and local governments of Nigeria aim to work cooperatively to govern the nation and its people. Nigeria became a member of the British Commonwealth upon its independence from British colonial rule on 1 October 1960.

Legal system

The law of Nigeria is based on the rule of law, the independence of the judiciary, and British common law (due to the long history of British colonial influence). The common law in the legal system is similar to common-law systems used in England and Wales and other Commonwealth countries. The constitutional framework for the legal system is provided by the Constitution of Nigeria.

The major influences on Nigeria's legal system are:

English law, derived from its colonial past with Britain: Nigeria belongs to the common law family. This is because English law makes up a substantial part of the Nigerian law. Nigeria, though now a sovereign nation, was once under British rule. Upon gaining independence in 1960, numerous English laws were copied, and most of the laws have since been repealed in England. Nigeria also adopted all laws that were in force in England on 1 January 1900.
Common law, case law has developed since colonial independence; common law can be defined as that unwritten body of laws based on judicial precedents. For unusual and irregular occurring cases where the result can in no way be resolved by the basis of current laws or written law regulations, common law guides the decision-making process.
Customary law, which is derived from Indigenous traditional norms and practices. In Nigeria, customary law can be divided, in terms of nature, into two different classes, which are the ethnic or non-Muslim customary law and the Muslim law (Sharia). The ethnic customary law in Nigeria is Indigenous, and this system of customary law applies and is valid to members of a specific ethnic group. Muslim law is a religious law that is solely based on the Muslim faith and applies to the members of such faith. In the nation of Nigeria, it is not an indigenous law; it is a received customary law introduced into the country as part of Islam.
Sharia law, law used in some states in the northern region. In two principal respects the sharia law greatly differs from Western systems of law. Sharia law possesses a much wider scope, since it regulates the individual's relationship, not only with his or her neighbors and the state, which is perceived as the limit of most other legal systems, but also with God and with the individual's own conscience. Ritual practices—such as daily prayers (ṣalāt), almsgiving (zakāt), fasting (ṣawm), and pilgrimage (hajj)—are an integral part of sharia law and usually occupy the first chapters in legal manuals. The sharia is concerned as much with ethical standards as with legal rules, indicating not only what an individual is entitled, or bound to do in law, but also what one ought, in conscience, to do, or to refrain from doing.

Legislation as a source of Nigerian law

The two fundamental sources of Nigerian law through legislation are:

(1) Acts of British parliament, popularly referred to as statutes of general application during the period before independence.

(2) Local legislation (comprising enactments of the Nigerian legislatures from colonial period to date). There were other sources which, though subsumed in Nigerian legislations, were distinctly imported into the Nigerian legal systems. They are called the criminal and penal codes of Nigeria.

Nigerian statutes as sources of Nigerian law

Nigerian legislation may be classified as follows: The colonial era until 1960, post-independence legislation 1960–1966, the military era 1966–1999.

Post-independence legislation 1960–1966

The grant of independence to Nigeria was a milestone in the political history of the country. This period witnessed the consolidation of political gains made during the colonial era. Politicians genuinely focused their lapses on the polity. It achieved for herself a republican status by shaking off the last vestiges of colonial authority. However, despite the violent violation of its provisions, the constitution remained the subsequent administrations (military or otherwise).

Military regime, 1966–1999

The Armed Forces of Nigeria assumed the rulership of Nigeria from 1966–1979 and 1983–1999. The breakdown of law and order which occurred in the period under review would not be attributed to any defect in the Nigerian legal system. Corrupt practices both in the body politics and all aspects of Nigerian life eroded efficiency and progress. There were eight coups generally; five were successful and three were unsuccessful.

Executive branch

left|thumb|Former vice President Yemi Osinbajo and former President Buhari

The president is elected through universal suffrage which is regarded as more than a privilege extended by the state to its citizenry, and it is rather thought of as an inalienable right that inheres to every adult citizen by virtue of citizenship. In democracies it is the primary means of ensuring that governments are responsible to the governed. The president is head of both the state and government, and heads the cabinet of Nigeria, the Federal Executive Council. The constitution also sanctions the president's status as commander-in-chief of the armed forces in Section 130. The constitution of 1999 vests all the executive powers of the federation in the person of the president which can be exercised directly by him or his vice president or members of his cabinet. Section 5(1)(b) provides that the executive powers of the president extends to the maintenance of the provisions of the constitution, acts of the national assembly and on items on which the national assembly has power for the time being to make law. The president is elected to see that the Nigerian Constitution is enacted and that the legislation is applied to the people. The elected president is also in charge of the nation's armed forces and can serve no more than two four-year elected terms. The current president of Nigeria is Bola Tinubu, who was elected in 2023, and the current vice president is Kashim Shettima.

The executive branch is divided into Federal Ministries, each headed by a minister appointed by the president, Federal Ministries are those civil service departments which were made responsible for delivering various types of government service and each ministry is headed by a permanent secretary who reports to a minister in the Federal Cabinet. Nigeria has 24 Federal Ministries. The president must include at least one member from each of the 36 states in his cabinet. The president's appointments are confirmed by the Senate of Nigeria. In some cases, a federal minister is responsible for more than one ministry (for example, Environment and Housing may be combined), or a minister may be assisted by one or more ministers of state. Each ministry also has a permanent secretary, who is a senior civil servant.

The ministries are responsible for various parastatals (government-owned corporations), such as universities, the National Broadcasting Commission, and the Nigerian National Petroleum Corporation. However, some parastatals are the responsibility of the Office of the Presidency, such as the Independent National Electoral Commission, the Economic and Financial Crimes Commission and the Federal Civil Service Commission.

Legislative branch

thumb|Nigeria's National Assembly building with the maceThe legislature is said to be the first among the three arms of government – the legislature, executive, and the judiciary. The principle of separation of powers characterises these arms as each is supposed to be independent of the other. The legislature derives its powers from the 1999 Constitution (as amended) in Sections 4(1) and 4(2). The legislature is vested with the powers to make laws for the peace, order and good governance of the Federation.

“It is also vested with investigatory powers, financial powers, confirmation and impeachment powers. The Legislature is the symbol of democracy all over the world. Under Section 4 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the "Constitution"), the National Assembly of Nigeria often called NASS is vested with the legislative powers of the Federal Republic of Nigeria. That is the power to make laws for the peace, order, and good government of the Federation with respect to any matter included in the Exclusive Legislative List and the Concurrent List – a list of 12 items that both NASS and states' house of assembly can legislate on. This legislative power is typically exercised through bills passed by the NASS which are assented to by the president. A bill can be introduced in either chamber of the NASS by members of the respective chambers or the executive arm of government. The National Assembly of Nigeria has two chambers: the House of Representatives and the Senate. The House of Representatives is the lower chamber of Nigeria's bicameral National Assembly and is presided over by the speaker of the House of Representatives. It has 360 members each of the federal constituencies of the country, who are elected for four-year terms in single-seat constituencies. The Senate, which has 109 members, is presided over by the president of the Senate. A total of 108 members are elected for four-year terms in 36 three-seat constituencies, which correspond to the country's 36 states. One member is selected in the single-seat constituency of the federal capital.

Legislators are elected to either the House of Representatives or the Senate to represent their constituencies and to pass legislation that benefits the public. The legislative process consists of bills being drafted and presented in either of the two chambers. Each member of the National Assembly of Nigeria can be elected to more than two four-year terms. Legislators have been known to utilize their power for not only for law-making, but as a means of political intimidation and a tool to promote individual monetary success.

Senators are paid a salary equivalent to over $2,200 USD a month, supplemented by expenses of $37,500 USD a month (2018 figures).

Judicial branch

The judicial branch is made up of the Supreme Court of Nigeria, the Court of Appeals, the high courts, and other trial courts such as the magistrates', customary, Sharia and other specialized courts. The National Judicial Council serves as an independent executive body, insulating the judiciary from the executive arm of government. According to the 1999 constitution, the Supreme Court has both original and appellate jurisdictions (the power to reverse, modify and change a decision or ruling made by a lower court). Appellate jurisdiction exists for both the civil law and criminal law, the supreme court has the sole authority and jurisdiction to entertain appeals from Court of Appeal, having appellate jurisdiction over all lower federal courts and highest state courts. Decisions and rulings by the court are binding and absolute on all courts in Nigeria except the Supreme Court itself. The Supreme Court is composed of the chief justice of Nigeria and other justices not more than 21 including the chief justice, appointed by the president of Nigeria on the recommendation of the National Judicial Council. These justices are subject to confirmation by the Senate.

The judicial branch of the Nigerian government is the only one of the three branches of government in which its members are not elected but are appointed. Its goal is to protect the basic rights of the citizens. Democracy returned briefly from 1978 to 1983 before military rulers came into power via coup d'état. They promised to return the country to democracy.

After the death of Sani Abacha 1998, General Abdulsalami Abubakar came to power and during his time in office a modified constitution was enacted in 1999. The 1999 elections saw Olusegun Obasanjo become president, stopping a cycle of military regimes. The end of the military rule brought regular elections as well as the return of civil liberties, a free press, and an end to arbitrary arrests and maltreatment, although human rights violations still occur regularly. Furthermore, Nigeria has seen a heightened use of media within the realm of political issues, particularly with the recent End SARS protest against police brutality perpetuated by the Special Anti-Robbery Squad. Nigeria has been found to be a vulnerable nation, both at risk of modern slavery and corruption. The nation is vulnerable due to the effects of inner conflict and governance issues. In the last presidential election, the process was tainted by violence, intimidation and vote buying, which have been prevalent in many of the recent elections within Nigeria. There are a great number of parties as a direct result of corruption and chaos that has ensued in Nigeria surrounding the federal government and elections for years.

Electoral system and recent elections

The president and members of the National Assembly of Nigeria are elected by members of the population who are at least 18 years old. This election was reportedly marred by ballot-rigging, underage voting, violence, intimidation, and an overall absence of clarity and accuracy from the National Electoral Commission. There is a deep rift between Christians and Muslim in Nigeria, and therefore the government has taken on a hybrid of English common law and Islamic law when dealing with legal issues to appease the diverse national population. These two religions were introduced in Nigeria largely during the colonial period, and since then, many Africans have merged their own traditional religions with these two institutionalized ones. Boko Haram is a radical jihadist Islamist terrorist group from the northern sect of Nigeria. Boko Haram was responsible for the kidnapping of hundreds of school girls in 2014, triggering the #BringBackOurGirls movement across the globe. There has also been a recent rise in citizen-created, and in particular youth-led groups that are taking action against Boko Haram to protect themselves and their communities.

Local governments

Each state is further divided into local government areas (LGAs). These states and their local governments are essential to the function of a federal government because they have a pulse on the local population and can therefore assess the needs of constituents and enact policy or infrastructure that is helpful. They are also important because the federal government has the time and resources to take on national projects and international affairs while local governments can take care of the Nigerians native to their respective states.

Federal Government's handling of COVID-19

As Africa's most populated nation, the coronavirus pandemic ravaged across Nigeria. Nigeria proved that it could detect, respond to, and prevent the COVID-19 outbreak in a very restricted, poor fashion. The government also passed food assistance measures and cash transfers to aid those in poverty who are going hungry.

Active duty personnel in the three Nigerian armed services totals approximately 76,000. The Nigerian Army, which is the largest of the services, has about 60,000 personnel, deployed between two mechanized infantry divisions, one composite division (airborne and amphibious), the Lagos Garrison Command (a division-size unit), and the Abuja-based Brigade of Guards. The Nigerian Navy (7,000) is equipped with frigates, fast attack craft, corvettes, and coastal patrol boats. The Nigerian Air Force (9,000) flies transports, trainers, helicopters, and fighter aircraft; however, most of their vehicles are currently not operational.

Foreign relations

The current minister of foreign affairs of Nigeria is Yusuf Tuggar. Nigeria is hoping to gain a permanent seat on the UN Security Council in the near future. Radio and televised media in Nigeria is mostly state-owned by the National Broadcasting Commission.