Arms of Government & MDAs

Arms of Government & MDAs

Quick Answer: The 1999 Constitution establishes three arms of government - the Legislature (§4, National Assembly), the Executive (§5, President), and the Judiciary (§6, courts) - operating on separation of powers with checks and balances. The Federal Civil Service is organized into Ministries, Departments, and Agencies (MDAs), plus Extra-Ministerial Departments, each with defined leadership and oversight structures.

The Three Arms of Government

The Constitution creates three distinct arms, each vested with separate powers:

Legislature - §4

Section 4 vests legislative powers in the National Assembly, which consists of two chambers:

• The Senate - 109 members (3 per state + 1 for FCT; §48).
• The House of Representatives - 360 members (§49).

The National Assembly makes laws for the "peace, order and good government" of the Federation on matters in the Exclusive Legislative List (to the exclusion of states) and the Concurrent Legislative List (shared). Where a state law conflicts with a valid federal law, the federal law prevails. State legislative powers are vested in each State's House of Assembly.

Executive - §5

Section 5 vests executive powers of the Federation in the President, who may exercise them directly or through the Vice-President, Ministers, or public service officers. Executive powers extend to the execution and maintenance of the Constitution, all federal laws, and all matters within the National Assembly's competence. Key limits: the President cannot declare war without a resolution of both Houses in joint session, and cannot deploy armed forces on combat duty outside Nigeria without prior Senate approval. At the state level, executive powers vest in the Governor.

Judiciary - §6

Section 6 vests judicial powers in the courts. The superior courts of record include:

• The Supreme Court of Nigeria
• The Court of Appeal
• The Federal High Court
• The High Court of the FCT, Abuja
• A High Court of a State
• The Sharia Court of Appeal (FCT and States)
• The Customary Court of Appeal (FCT and States)
• The National Industrial Court (added by the 3rd Alteration, §254A-254F)

Judicial powers extend to all civil rights and obligations, but (per §6(6)(c)) not to Chapter II conformity questions.

Separation of Powers and Checks and Balances

Nigeria's presidential system is built on separation of powers - each arm is functionally distinct - tempered by checks and balances:

• The Legislature makes law; the Executive implements; the Judiciary interprets.
• The President assents to or vetoes bills (§58); the National Assembly can override a veto by a 2/3 majority of each House.
• The Senate confirms ministerial, judicial, and key executive appointments.
• The Judiciary exercises judicial review - striking down laws inconsistent with the Constitution (§1(3)).
• The National Assembly may impeach the President (§143) or a Governor (§188).

This separation is foundational to civil service conduct: a public servant belongs to the Executive arm (or its agencies), implements laws made by the Legislature, and is subject to the jurisdiction of the Judiciary.

MDAs - Ministries, Departments, and Agencies

The Federal Government operates through MDAs:

Ministries

A Ministry is led by a Minister (political head, appointed by the President, often with Senate confirmation) and a Permanent Secretary (administrative head and Accounting Officer). The Permanent Secretary advises the Minister on policy, manages resources, prepares Council Memoranda, and chairs the Ministry's Senior Staff Committee and Tenders Board. Ministries also have common service departments - Administration/HR, Finance and Accounts, and Planning, Research and Statistics - plus professional/operational departments.

Departments

Examples include the Nigeria Immigration Service (NIS), Nigeria Customs Service (NCS), and Federal Road Safety Corps (FRSC) - operational arms often under a parent Ministry (e.g., Interior, Finance, Works).

Agencies and Parastatals

Parastatals are government-owned bodies established by statute to render specified services, classified into:

1. Regulatory Agencies (e.g., Nigerian Communications Commission, Nigerian Civil Aviation Authority).
2. General Services (e.g., National Health Insurance Scheme).
3. Infrastructure/Utility Agencies (e.g., Federal Roads Maintenance Agency).
4. Security Agencies (e.g., State Security Service, National Intelligence Agency).

Each parastatal has a Governing Board (Chairman appointed by the President) and a Chief Executive (appointed by the President, usually on the Minister's recommendation).

Extra-Ministerial Departments

These stand outside conventional Ministries, reporting directly to the President or the Office of the Secretary to the Government of the Federation (OSGF). Many are established by the Constitution itself (Third Schedule): Code of Conduct Bureau, Federal Character Commission, Federal Civil Service Commission (FCSC) - the body that administers COMPRO - National Population Commission, Office of the Accountant-General of the Federation, Office of the Auditor-General for the Federation, and Police Service Commission.

The distinction between Civil Service (staff of the Office of the President/Vice-President, Ministries, and departments) and the broader Public Service (Civil Service plus Armed Forces, Judiciary, Legislature, Police, parastatals, and government-owned companies) is itself a COMPRO-relevant concept.