A renowned lawyer, Olukayode Ajulo, has described the Executive Order, in the Nigerian context, as Encroachment Order.
He said, in Nigeria, the Executive Order had, over the years, been used by persons in the corridors of power to achieve their selfish interests.
According to him, Nigeria’s courts have described Executive Order as an order or regulation issued by the President or some administrative authority under his direction, for the purpose of interpreting, implementing or giving administrative effect to a provision of the constitution or of some Laws or treaty as provided in Section 5 of the 1999 Constitution of the Federal Republic of Nigeria.
Ajulo spoke at the session tagged, “Executive Power and Good Governance” at the ongoing 60th Annual General Conference of the Nigerian Bar Association.
He noted that, though Abraham Lincoln defined Democracy as the Government of the people by the people and for the people, such definition, according to him, has outlived his usefulness.
He pointed out that democratic governance was total adherence to the entrenched principles of the rule of law, popular participation and freedom of the people.
He, however, noted that a major misconception, which he believed needed to be clarified, was the distinction between the powers under Section 5 of the Constitution and Section 315. He added that Section 315 could not, under any guise be read or interpreted to mean Executive Order.
“The Section gives ‘an appropriate authority’ to modify an Act of the National Assembly or State House of Assembly in order to bring it into conformity with the provisions of the Constitution,” Ajulo said.
While lamenting the illegal issuance of various Executive Orders in Nigeria, he said, “While acknowledging the fact that an Executive Order is indeed an effective instrument or tool for good governance and administration by the Government, however, the experience in the country has showed that various Executive orders have been used by persons in the corridors of power to achieve their selfish interests.
“In our clime, Executive Order has been perceived as a dictatorial, autocratic, despotic, and tyrannical instrument in the hands of the rulers.”
He, however, added that, generally, the Executive Order was a desirable respite for good governance and for the realisation of the powers of the Executive Arm of Government, but that, in Nigeria, it had been turned to Encroachment Order.
