EID MUBARAK TO OUR MUSLIM FAITHFULS I warmly felicitate with our Muslim brothers and sisters across Nigeria on the joyous occasion of Eid al-Fitr, which marks the successful completion of the holy month of Ramadan. Eid is a time of deep reflection, gratitude, and renewed commitment to the values of sacrifice, discipline, compassion, and obedience to the will of Almighty Allah. The lessons of Ramadan call us to live in peace with one another, uphold justice, and extend kindness to all, especially the less privileged. As we celebrate, I urge all Nigerians to continue to embrace unity, tolerance, and mutual respect, which remain essential to our collective progress as a nation. Let us also use this period to pray for the peace, stability, and sustained development of our dear country. On our part at the Federal Ministry of Works, we remain committed to delivering critical infrastructure that connects our people, strengthens economic growth, and improves the quality of life for all Nigerians. May Almighty Allah accept good prayers and acts of charity, and bless our nation with peace, prosperity, and good health. Eid Mubarak. Senator Engr. David Nweze Umahi, CON, FNSE, FNATE
Honourable Minister of Work
WORKS MINISTER UMAHI COMMENDS HEALTH INFRASTRUCTURE INITIATIVES OF PRESIDENT TINUBU, TASKS STAKEHOLDERS ON COLLABORATIVE SUPPORT TO ACHIEVE SHARED GOALS. CONGRATULATES SSA TO PRESIDENT ON COMMUNITY ENGAGEMENT, SOUTH-EAST FOR HER COMMITMENT TO ENHANCING HUMAN EMPOWERMENT AND PROMOTING HEALTHY COMMUNITIES The Honourable Minister of Works, Sen. Engr. Nweze David Umahi CON has praised the efforts of the President of the Federal Republic of Nigeria, His Excellency, Bola Ahmed Tinubu GCFR in developing critical competencies that will improve health care and other service delivery in Nigeria's health care related academic institutions. The Honourable Minister made this commendation during the flag-off of a health care programme on free cancer screening, free eye testing, free dialysis, and skills up empowerment programme for the people and residents of South East organized by the Senior Special Assistant to the President on Community Engagement South East, Barr. (Mrs) Chioma Nweze, in conjunction with David Umahi Federal University of Health Sciences Uburu, held at the university premises on 8th March 2025. The Honourable Minister, who represented the President of Nigeria during the event, said the Federal Government was committed to providing enabling infrastructure and the most conducive learning environment in our universities. He recounted the various interventions of Mr. President to David Umahi Federal University of Health Sciences, which was incidentally built by the Honourable Minister when he was the Governor of Ebonyi State and which law establishing it and naming it after the founder, David Umahi, was passed by the 10th National Assembly under the Renewed Hope administration. He said, "I thank Mr. President, so much for the asphalting of this institution, the building of the hall that is here, and so many things, including the uninterrupted power supply enjoyed by the university." He expressed appreciation to the Governor of Ebonyi State, His Excellency, Rt. Hon.Prince Bldr Francis Ogbonna Nwifuru, FNIOB GGCEHF and his dear wife, Her Excellency, Chief (Mrs) Uzoamaka Mary-Maudline Ogbonna Nwifuru for their commitments to the advancement of learning and excellence in the university. "Greet the Governor and his dear wife for me." I am going to support their commitments to this institution when I make my donation. Tell the Governor that I appreciate his subvention to this federal institution, which he gives every month." The Honourable Minister commended the SSA to the President on Community Engagement, South-East for the thoughtful motivations of her programme which he said was a wakeup call to all stakeholders, public and private institutions to show collaborative support to the government to achieve shared goals in health care delivery. "And so, what you are doing beyond Ebonyi State for the entire South-East and extending it to the entire Nigeria is commendable. Congratulations on your commitment. Congratulations on this programme" He pledged his continual support to the university to enable it to realize its goals of achieving unmatched excellence in their health care facilities such as Radiology Centre, Cancer Centre, Eye Centre, Kidney Centre, Maternal and Childbirth Centre. Speaking during the event, the representative of the Governor of Ebonyi State, Her Excellency, Princess Patricia Obila, who is also the Deputy Governor of Ebonyi State, extolled the initiative of the SSA on Community Engagement to give the people access to quality health care and life changing empowerment and assured of the commitment of the State Government in supporting the Federal University of Health Sciences in the State in realizing the objectives of its establishment. "We have committed so much, both money, a lot of commitment, and still, this government is also highly determined and committed to giving all the enabling environment to make sure that any programme concerning health is given the total support it deserves." Earlier in her address, the SSA to the President on Community Engagement said she initiated the health care outreach and skill up empowerment programme for South-East communities to add value to the laudable initiatives of Mr. President's administration, which is aimed at stimulating economic growth and enhancing the quality of life for all Nigerians. She said, "I recognize that access to quality health care is a fundamental human right, and it is our responsibility to ensure that every individual in the South-East has access to it, regardless of their background or financial situation. Our medical outreach initiative, which we have earlier started, is a multifaceted programme that will provide a range of free medical services, including cancer screening, free eye screening, and medical classes to the first 200 patients. We have also provided dialysis treatment for one year for all the 97 Local Government Areas in the South-East. My office will equally be flagging off the skill up South-East programme, which focuses on empowerment of the people and residents of South-East through fashion and entrepreneurship." She further assured, "Our participants will have access to modern tailoring facilities, mentorship, and guidance from industrial experts. We are not only empowering our youths through skill acquisition, but we are also providing them with the opportunity to develop their business plans and pitch their ideas. This will enable them to become entrepreneurs and job creators, contributing to the economic growth and development of our region." She thanked immensely the collaborations of David Umahi Federal University of Health Sciences and solicited for more collaborations from public spirited individuals and bodies to enable her to attain the aspirations of her office in raising capacities and enhancing self reliance in South-East ...
**FEDERAL MINISTRY OF WORKS’ POLICY YIELDING RESULTS ** — Mobilise to Site for 2 Weeks Before Payment of Mobilisation Fees - Umahi* The Honourable Minister of Works, His Excellency, Engr. (Sen.) David Umahi, CON, FNSE, FNATE has continued to insist that only contractors, who can deliver are needed to work on Nigeria roads. This is to guarantee that road projects are not abandoned by recalcitrant contractors. He stated this while inspecting ongoing works on the Abuja-Kaduna-Zaria-Kano Dual Carriageway, Section I (Abuja-Kaduna) that starts from the Zuba Interchange (CH0+000) and ends at the Western Bypass (CH165+500) in Kaduna, the Kaduna State Capital with an additional four (4) kilometres from Zuba towards Gwagwalada on the Abuja-Lokoja Expressway. Forty (40) kilometres (dual) will be on rigid pavement (concrete). According to the Minister, the company, Messrs Infoquest International (Nig.) Limited has proven its capacity to deliver quality jobs on record time, seeing how far they have gone within a month of signing the contract. “This is without being paid the initial 30% mobilisation fee as against what has been the previous practice,” he emphasised. He stressed that the Ministry’s decision that every contractor must be at the site and working for at least two weeks before the mobilisation fee is paid, is the way to go for sustainable project development and delivery. Commending the quality of work, the Minister urged Resident Engineers/Engineer’s Representatives on other projects, across the country, to be vigilant in ensuring that the correct composition of the stone base is achieved, stressing that a standard stone base must contain at least 70% stone, hence the name and 30% dust. “Any deviation from this ratio will compromise the road’s structural integrity, leading to premature failure,” he observed. Engr. Umahi also reiterated that the Abuja-Kano Dual Carriageway is so dear to Mr. President’s heart, being a vital corridor linking the North to the southern parts of the country, as well as neighbouring countries of Cameroun, Niger, and Benin Republics. While promising that the remaining portion of the entire alignment, Section III (Zaria-Kano), which is at the Kano end of the project, will soon be approved and awarded, he advised that reinforced concrete overlay be completed on the underlying structures before the commencement of the rainy season. It would be recalled that this was the project that was unnecessarily delayed for many years by Messrs Julius Berger (Nig.) PLC (JBN) and courageously terminated by the Ministry, some months ago, Umahi explained. "This project is the heartbeat of Mr. President because of its economic value. We are committed to ensuring its timely completion, and by the first week of March, we will begin laying an eight-inch continuous reinforced concrete pavement," the Minister stated. He reiterated that “The Federal Government remains resolute in its commitment to quality infrastructure development, ensuring that all projects under the Ministry’s supervision must meet the highest standards and be completed on schedule.” He added that interested companies must adhere to international standards and recommended practices in road construction or exit the scene. The Managing Director /Chief Executive Officer of the construction firm, Mr. Joseph Abougaoude disclosed that the company took the challenge to start the work without any payment of mobilisation fees because it is capable and, most importantly, its belief in the Renewed Hope Administration of President Bola Ahmed Tinubu, GCFR. He promised to deliver the contract following standards and on record time. He went further to acknowledge the Minister’s proactive leadership, adding "My promise is that I will not let you down. I take this project as a challenge and accept my role in ensuring its success. I am fully committed to this project and will push ahead to meet expectations." While fielding questions from reporters on the Lagos-Calabar Coastal Highway and the status of Julius Berger vis-a-vis contract with the Ministry, the Minister confirmed that before the end of the year, the entire first section of the Highway will be completed and that JBN is not sidelined from the Ministry’s contracts but, on the contrary, they are still working for the Ministry on other road infrastructure projects like the Bodo-Bonny Road, some major bridges in Lagos, as well as other places in Nigeria. He commended the new leadership of the company for aligning with the policies of the Ministry and respecting professional engineering standards. ...
FEDERAL MINISTRY OF WORKS/ MTN MEETS ON QUALITY AND SPEEDY DELIVERY OF ENUGU - ONITSHA EXPRESSWAY PROJECT FUNDED BY MTN UNDER TAX CREDIT SCHEME,FIXES COMPLETION DEADLINE FOR 10TH MAY 2026 AS HONOURABLE MINISTER OF WORKS CALLS FOR IMMEDIATE REDUCTION OF COST OF CEMENT TO N7,000 BY MANUFACTURERS GIVEN THE INCREASED ECONOMIC REBOUND THROUGH MR. PRESIDENT’S SUSTAINED REFORMS The meeting of the Federal Ministry of Works with MTN and RCC Company Nig. Ltd over the slow funding and execution of the Enugu-Onitsha Expressway by MTN under the Infrastructure Development and Refurbishment Investment (Tax Credit) Scheme, held at the Ministry's headquarters, Mabushi-Abuja on 26th February 2025 has ended with the following resolutions: A - The construction of Enugu-Onitsha dual-carriageway must be completed by 10th May 2026. B - MTN shall be held responsible should the road fail after construction on account of shady job by the contractor. C - There will be no variation or VOP on the project and RCC must note that going forward, the operation of VOP in their projects must be in accordance with the procedure contained in the Conditions of Contract and not at the whims and caprices of the contractor. D - MTN not to sacrifice their responsibility of funding the project at the altar of MTN's business profit as this will wittingly or unwittingly inhibit speedy delivery of the project and inpune on the public perception of the will of government to ensure logical completion of the project. E - There must be a commitment in writing between MTN and the Federal Ministry of Works that this offer is predicated on these conditions herein set out. There must be a commitment because the more the job delays, the more there is variation. Speaking during the meeting, which had in attendance, the Honourable Minister of State for Works, Rt. Hon. Mohammad Bello Goronyo Esq, the Permanent Secretary of the Federal Ministry of Works, Engr. O.O Adebiyi, the representatives of MTN, the Managing Director of RCC Company Nig Ltd and his team, the Honourable Minister of Works, His Excellency, Sen. Engr. Nweze David Umahi, CON reiterated that the Federal Ministry of Works is unwavering in its commitment towards ensuring that the contractor handling the project, and in this case MTN that is handling the project under the Tax Credit Scheme is made to ensure quality and speedy delivery of the project. He wondered why an official of MTN could go on his way to insinuate that the directive made by the Federal Ministry of Works that RCC Ltd should stop using materials that could derail the quality outcome of the job amounted to a sabotage of the projects of Mr. President in South East. He said,: "We have to put the records straight that this ministry has the responsibility to ensure quality delivery of work by contractors. And the contractor in this case is MTN". He recounted the various inspection visits he made to contractors' project sites and how this had caused them to brace up for ensuring quality and speed in project delivery. He said of MTN's Enugu-Onitsha Expressway project, "We went through what MTN was doing. We discovered that they were using peeled sand to do the job. I'm an engineer. I'm not a history graduate. I'm a fellow of the Nigerian Society of Engineers, and I've spent all my life in the field. And we gave a directive, which is in line with the general conditions of contract, that should stop using such sand but go back, and use river sand, which we paid for." The Honourable Minister emphasized the need for RCC Nig Ltd to play by the rule in project variation. He decried as unacceptable a situation where RCC could do a job of N38 billion and demand for a VOP N14 billion and said that going forward such indulgence by contractors in the name of inflation would not be tolerated. He used the medium to call on the manufacturers of cement, which is a key element in the construction industry, especially on the use of Continuously Reinforced Concrete Pavement, to please reduce the cost of cement to N7,000 as the price of dollar has drastically reduced, the cost of petrol is coming down and efforts are being made by Mr. President to fix the road. He said, "I'm happy that the policies of Mr. President, are working. Today, a dollar is about N1,400. And let me use the opportunity to express dissatisfaction with the cost of cement. Our contractors have called and complained that they wanted to move back to asphalt. We are using this medium to tell the cement manufacturers that at the time, the dollar was almost N2,000, they increased cement from N7,500. Why should today that the President has brought dollar to stability to about N1400, and is still going down, why should cement be selling for N9,500? We are requesting cement manufacturers to bring down the cost of cement to N7,000. If after one week they don't do that, I have to complain officially to Mr. President." In their separate remarks, the Honourable Minister of State for Works and the Permanent Secretary Federal Ministry of Works estolled the stance of the Federal Ministry of Works on the policies that would not only fast track job execution but also guarantee value for money and quality project outcome. They urged the contractor to cooperate with the new paradigm under the Renewed Hope administration and work towards delivering the Enugu-Onitsha dual-carriageway on a record time so that Mr. President could commission it for public use. The representative of MTN in his vote of thanks expressed the readiness of MTN in working towards realizing the delivery of the project within the agreed timeline. ...
Varsity Lauds Fashola Over 2.0 km Internal Road Intervention
• Minister of Works and Housing, Babatunde Raji Fashola has been commended for the 2.0 kilimeters road Intervention project done in the Usmanu Danfodio University, Sokoto (UDUS)
Vice Chancellor of the University, Prof. Lawal Sulaiman Bilbis gave the commendation during the official handover of the completed road to the University, Wednesday, March 9, 2022.
The Minister, represented by the Federal Controller of Works in Sokoto State, Engr Akintunde Akintade, said that the Ministry is working on 76 road projects in selected Federal Tertiary Institutions across the nation.
"We have successfully intervened in the internal road networks of 46 tertiary institutions and handed over 29 as at 2021 and we now have another 17 ready to be handed over, while we are currently attending to 30 roads in similar institutions across the country making a total of 76," he said
Fashola explained that there were clear indications that responses from institutions who benefited with the intervention revealed that the gap of the infrastructure needs is steadily being bridged by a gradual process of repairs and construction on the major highways and schools.
Accordingly, he added that the construction of the internal roads in the tertiary institutions by the Federal Government has enormously helped the students' renewed enthusiasm to attend classes because bad roads across the tertiary institutions have been restored to good condition.
Similarly, the Minister explained the project has created jobs for no less than ninety (90) people during the execution which contributed tremendously to the job creation initiatives of Buhari’s administration.
In his response the Vice Chancellor of UDUS, Prof. Lawal Sulaiman Bilbis, who was represented by the Deputy Vice Chancellor (Academic), Prof. Garba Mahuta applauded the Minister His Excellency Babatunde Fashola for the intervention, describing it as a giant stride in the course of humanity
Prof Bilbis stated that the rehabilitation of the road commenced last year and was completed 100 percent by the Federal Ministry of Works and Housing under the able leadership of Minister Fashola
The President of the Students Union Government (SUG), Umar Shamsudeen, said he was so delighted with the road project and under his tenure the project would be protected and maintained, adding that the road would enhance the environment and improve teaching and learning.
While speaking, the Sector Commandant of 10.1 of Federal Road Safety Commission (FRSC), Sokoto State, Muhammad Kabo, appreciated the effort of the Federal Government in putting the road in good condition and appealed to the road users to always observe road signage and speed limit.
WHAT CAN THE PRESIDENT DO FOR ME? BEING THE TEXT OF A KEYNOTE DELIVERED BY H.E BABATUNDE RAJI FASHOLA, SAN AT THE YORUBA TENNIS CLUB ANNUAL LECTURE
Distinguished Ladies and Gentlemen:
At the onset of the protest against the Special Anti-Robbery Squad (SARS) when five demands were made in respect of the police and SARS, President Muhammadu Buhari weighed in on the side of the protesters when he said:
“On Monday 12th October, I acknowledged the genuine concerns and agitations of members of the public regarding the excessive use of force by some members of SARS…As a democratic government, we listened to, and carefully evaluated the five-point demands of the protesters. And, having accepted them, we immediately scrapped SARS, and put measures in place to address the other demands of our youth.”
To some of the protesters this was not enough action. In my interaction with some of them, young and not so young they wanted the President to sack some policemen, in some cases even the Inspector General of Police.
During this interaction I referred them to the provisions of the 1999 Constitution as amended, that I pointed out to them that:
* The President of Nigeria cannot sack a policeman because a policeman is not the employee of the President but rather the employee of the Police Service Commission;
* The President can only sack Ministers, and other appointees that he personally appoints to assist him and not any civil servant deployed to work for him such as a cook, driver, or administrative staff who are ordinary employees of the Civil Service Commission.
Not a few persons were surprised to hear this.
Indeed, I have discovered that a sizeable number of our people express surprise when I explain the structure of Government to them.
For example, when I explain to people that as Governor or Minister I do not sign cheques, vouchers or documents that directly involve the transfer of money.
On the contrary, at certain levels of payment under the financial regulation, my powers as Governor or Minister are limited to approving recommendations for payment made to me through the Permanent Secretary; after he and I have satisfied ourselves that the Government has received value for the payment or will do so.
Although the Federal Ministry of Works and Housing has several directorates such as Construction and Rehabilitation, Planning and Development, Bridges and Design, Materials Geotechnics and Quality Control, Finance and Accounts, Legal and Procurement, many openly express surprise when I tell them that only Engineers, Architects, Valuers, Builders, Town Planners and those involved in the built industry are staff of the Ministry of Works and Housing.
Those in Legal Department are lawyers seconded from the Ministry of Justice to whom they report, Finance and Accounts are staff of the Accountant General/Ministry of Finance, to whom they report, and procurement personnel are staff of the Bureau of Public Procurement to whom they report; while those in administration are staff of the Head of Service/Public Service Office to whom they report.
And this is true of all ministries, in a system of checks and balances.
Similarly of course, in the engineering sections of other ministries, the Ministry of Works also seconds engineers to support those ministries and they report to their parent ministry.
What is true of the Federal civil service system in this regard is largely true of the state civil service systems.
This in part is why the public service is a bureaucracy, which has been defined as:
“…a complex organization that has multi-layered systems and processes.” (Source - Investopedia)
I am surprised that this surprises people and this is a part of the reason for choosing to discuss it at this public forum.
So very often, I hear general statements that the President of Nigeria is very powerful, sometimes they say the office is too powerful in some cases they even ascribe more powers to him than the United States President.
Therefore I have decided, in responding to the invitation of Chief Babajide Damazio, the Chairman of the Yoruba Tennis Club, to interrogate the matter publicly by titling my speech “What can the President do for me?”
The flip side is also that some of our public discourse is coloured with general statements that are not factual such as some statements to the effect that the Vice President is in their words “just a spare tyre” suggesting that he has no powers or functions except those assigned to him by the President.
These statements betray a lack of knowledge about the Constitution and I intend to discuss them here within the reasonable limits of time.
If one looks through the length and breadth of the constitution as I have, you will find that the office of the President is referred to 48 (FORTY-EIGHT) times.
A closer look at the details for those who have read the constitution, will suggest possibly an error in mixing up or conflating “powers” with “function” and the difference is significant.
“Whereas ‘power’ is the legal right or authorisation to act or not to act, it is the ability conferred on a person by law to alter, by an act of will, the rights, duties liabilities and other relations, either of that person or another. On the other hand, the term “function” is the duty of the office.
In the 48 mentions of the Office of the President in the Constitution:
* 23 instances refer to powers exercisable by the President;
* 9 instances refer to powers exercisable by the President subject to the National Assembly;
* 4 instances refer to powers exercisable by the President subject to other institutions;
* 9 instances refer to the President’s functions and duties; and
* 3 instances refer to restrictions on the powers of the President.
Yes, the “all powerful,” “too powerful” President that we generalise about his powers, has restrictions on his powers.
I have provided a table of all the references in the Constitution below:
Part A: Powers exercisable by the President
| Section | ||
| 1 | The executive powers of the Federation is vested in the President | Section 5(1)(a) |
| 2 | The executive powers include the power to execute and maintain the Constitution | Section 5(1)(b) |
| 3 | Power to execute and maintain all laws made by the National Assembly | Section 5(1)(b) |
| 4 | Power to make treaties [Power conferred on the Federation] | Section 12 |
| 5 | Power to deprive registered or naturalized citizens of their citizenship | Section 30 |
| 6 | Authorization of qualified private persons to establish a television or wireless broadcast station | Section 39 |
| 7 | Power to assent (or withhold assent) to bills passed by both the Senate and the House of Representatives | Section 58 |
| 8 | Power to decide whether or not it is practicable to hold elections | Section 64 |
| 9 | Power to issue proclamation for the holding of the first session of the National Assembly | Section 64 |
| 10 | Right to attend joint meetings of the National Assembly or of either the Senate or the House of Representatives to deliver an address on national affairs or to make statement on government policies | Section 67 |
| 11 | Power to order withdrawal of moneys from the Consolidated Revenue Fund of the Federation for the purpose of meeting expenditure necessary to carry on the services of the Government | Section 82 |
| 12 | Establishment of offices of Ministers of the Government of the Federation | Section 147 |
| 13 | Assignment of responsibilities to the Vice President and Ministers | Section 148(1) |
| 14 | Power to appoint or remove Chairman and members of Federal Executive Bodies established by section 153 of the Constitution | Section 154 |
| 15 | Approval of rules of procedure made by the Federal Executive Bodies established by section 153 of the Constitution | Section 160 |
| 16 | Power to approve delegation by the Federal Civil Service Commission of its power to any of its members or to any officer in the civil service of the Federation | Section 170 |
| 17 | Power to appoint and remove the following officers: Secretary to the Government of the Federation, Head of Service, Ambassadors, High Commissioners and Permanent Secretary, etc | Section 171 |
| 18 | Power to give approval to a State body where it is intended by the body to confer power or impose duties to any officer or authority of the Federation | Section 204 |
| 19 | Power to give lawful directions to the Inspector General of Police with respect to the maintenance and securing of public safety and public order | Section 215(3) |
| 20 | Power to direct the armed forces to suppress insurrection and acting in aid of civil authorities to restore order | Section 217(2)(c) |
| 21 | The President is the Commander-in-Chief of the armed forces of the Federation and as such is empowered to: * determine the operational use of the armed forces of the Federation; * appoint the Chiefs of Staff of Defence, Army, Navy, and Air Force; and * appoint heads of any other branches of the armed forces of the Federation. |
Section 218 |
| 22 | The Constitution vests the Executive power for the administration of the Federal Capital Territory in the President | Section 299 |
| 23 | Power to appoint a Minister for the Federal Capital Territory | Section 302 |
| 24 | As the Appropriate Authority, the President is authorized to make modifications in the text of any existing law as he considers necessary to bring the law into conformity with the provisions of the Constitution | Section 315(2) |
Part B: Power subject to the National Assembly
| 1 | Power to declare a state of war between the Federation and another country [subject to the sanction of the National Assembly] | Section 5(4) |
| 2 | Deployment of members of the armed forces of the Federation on combat duty outside Nigeria. [subject to approval of the Senate] | Section 5(5) |
| 3 | Making regulations to prescribe matters which are required to give effect to constitutional provisions on citizenship [subject to laying before the National Assembly] | Section 32 |
| 4 | Appointment and removal of the Auditor-General for the Federation | Section 86 |
| 5 | Appointment of Ministers | Section 147 |
| 6 | Power to appoint Special Advisers to assist the President in the performance of his functions. [Their number is to be determined by the National Assembly] | Section 151 |
| 7 | Power to appoint the Chief Justice of the Federation, Justices of the Supreme Court of Nigeria, President of the Court of Appeal, Justices of the Court of Appeal, Chief Judge and Justices of the Federal High Court and Justices of other Federal Courts. [Subject to confirmation by the Senate] | Sections 231, 238, 250, 254B, etc |
| 8 | Power to remove the Justices and Judges appointed by him [Acting on address supported by 2/3 majority of the Senate or NJC] | Section 292 |
| 9 | Power to issue a proclamation of a state of emergency in the Federation or any part thereof in the circumstances listed in section 305(3) and (4) of the Constitution | Section 305(1) |
Part C: Power subject to other institution
| 1 | Deployment of members of the armed forces of the Federation on a limited combat duty outside Nigeria. [in consultation with the National Defence Council] | Section 5(5) |
| 2 | Power to grant a pardon to any person convicted of any offence created by an Act of National Assembly (Prerogative of mercy) [This power is to be exercised by the President after consultation with the Council of State] |
Section 175 |
| 3 | Power to accept or reject report of population census conducted by the National Population Commission. [This power is subject to the advice of the Council of State] |
Section 213 |
| 4 | Appointment of the Inspector General of Police [This power is to be exercised on the advice of Nigeria Police Council] |
Section 215(1)(a) |
Part D: Functions and Duties
| 1 | Considering recommendations from a body set up to review ownership and control of business enterprises operating in Nigeria | Section 16(3) |
| 2 | Approving the registration of persons who apply to be registered as citizens of Nigeria | Section 26 |
| 3 | Granting of certificate of naturalization to persons who are qualified | Section 27 |
| 4 | The President has the responsibility to cause budget to be prepared and laid before the National Assembly | Section 81 |
| 5 | Duty to hold regular meetings with the Vice President and the Ministers of the Government of the Federation | Section 148(2) |
| 6 | Tabling of proposals for revenue allocation from the Federation Account to the National Assembly | Section 162(2) |
| 7 | Duty to transmit copies of official gazette containing emergency proclamation to the President of the Senate and the Speaker of the House of Representatives | Section 305(2) |
| 8 | The President is the chairman of the following constitutional bodies: The Council of State * National Defence Council * National Security Council * Nigeria Police Council |
|
| 9 | Duty to lay accepted report of population census conducted by the National Population Commission before the National Assembly. [This power is subject to the advice of the Council of State] |
Section 213 |
Part E: Restriction
| 1 | Prohibition from holding any other executive office or paid employment | Section 138 |
| 2 | Prohibition from maintaining or operating a bank account in a country outside Nigeria | Fifth Schedule to the Constitution |
| 3 | Prohibition from being employed by foreign company or foreign enterprises after leaving office | Fifth Schedule to the Constitution |
Is the Vice President really without responsibilities, duties and functions unless the President assigns them to him?
Certainly not. Those who assert that position tell a big lie. A lie born either out of ignorance at the best or mischief at the worst.
The framers of the Nigerian Constitution and our legislators seem to have deliberately attempted to entrust matters relating to its security with the President by making him chairman of the National Councils such as the Security Council, Defence Council and the Police Council, while entrusting the Vice President with matters relating to the economy by making him the Chairman of the National Council on Privatization and the National Economic Council.
Although they did not say the President cannot deal with economic matters, it is my view that he cannot chair the Economic Council or National council on privatization without violating/breaching the constitution with its attendant constitutional risks and consequences.
So much for the “all-powerful” President.
As for the Vice President, his other constitutional functions include:
|
SECTION A Constitutional Function and Duty of the Vice President |
Constitutional Provision | |
| 1 | Exercise of Executive Powers of the Federation as delegated by the President | Section 5(1)(a) |
| 2 | Power to perform the functions of the President as Acting President during temporary absence of the President | Section 145(1) |
| 3 | Power to hold the office of the President if the office of the President becomes vacant by Section 146 | Section 146(1) |
| 4 | Performance of ‘responsibility for any business of the Government of the Federation’ as may be assigned by the President | Section 148(1) |
| SECTION B Constitutional Appointment/Position |
Constitutional Provision | |
| 1 | Deputy Chairman of the Council of State | Third Schedule, Part I, Paragraph B (5) |
| 2 | Chairman of the National Economic Council | Third Schedule, Part I, Paragraph H (18) |
| 3 | Deputy Chairman of the National Defence Council | Third Schedule, Part I, Paragraph G (16) |
| 4 | Deputy Chairman of the National Security Council | Third Schedule, Part I, Paragraph K (25) |
| SECTION C Statutory Function/Position |
Statutory Provision | |
| 1 | Chairman of the Governing Council of the National Emergency Management Agency | Section of National Emergency Management Agency Act |
| 2 | Chairman of the Governing Board of the Border Communities Development Agency | Section 2 Border Communities Development Agency (Establishment, etc.) Act |
| 3 | Chairman of the National Boundary Commission | Section 4 National Boundary Commission (Establishment) Act |
| 4 | The Vice President may represent the President of the Federal Republic of Nigeria as the Chairman of the Governing Council) | Section 8 Nigeria Sovereign Investment Authority (Establishment etc.) Act 2011 |
| 5 | Chairman of the National Planning Commission | Section 3 National Planning Commission Act |
| 6 | Vice Chairman of the Council of the National Space Research Development Agency | Section 2 National Space Research and Development Agency Act |
| 7 | Chairman of the Supervisory Board of the Debt Management Bureau | Section 2 Debt Management Bureau (Establishment) Act |
| 8 | Chairman of the National Council on Privatisation | Section 9(2) Public Enterprises (Privatisation and Commercialisation) Act |
Which brings me to the heart of the matter, as to why a significant number of Nigerians place their hopes and expectation for a better life on their President rather than their Governors and Local Government Chairmen.
Or put differently, why do we seem to only like our Presidents after they have left office and not while in office or after they have died, like “the best President we never had.”
Again, after a very deep interrogation, my answer to this question is traceable to the constitution. And this is not a concession to the advocates of restructuring, but rather a clear lack of relationship by many of us with the constitution.
In other words, we are not fully or sufficiently familiar with our constitution and the roles it ascribes to the different levels of government, at local, state and federal, and the officers attaching to them such as Local Government Chairman, State Governor and the President.
And the related question, to the question what can the president do for me, is to ask ourselves: how the office of the President make my life better?
Before I offer an answer, let me share with you the feedback of a survey that I commissioned to gauge the sense of what the Nigerians who were polled desired most.
The common thread in the responses were: security, education, healthcare, transportation, water supply, employment, housing and electricity. Of course, there are others, which time and space will not permit me to interrogate.
In understanding what the President can do, we must bear in mind the nature of our political arrangement where the President as head of the country, also leads the executive arm of the Federal Government and projects our sovereign status, but shares power and responsibility with 36 states headed by Governors, and 774 Local Government headed by Local Government chairmen.
If we go through our constitution, (and I urge everybody to get a copy and read it if only casually) we will find two (2) lists of responsibilities in the schedule to the constitution.
They are:
* The Exclusive list
* The Concurrent list
The first list contains matters over which only the National Assembly, as the custodian of legislative power of the Federal Government can make laws and over which the President as the head of the executive arm can take action. This list contains 68 (SIXTY-EIGHT) items and includes matters like the banking, currency, police, the military, customs, immigration, citizenship etc.
The second list, which is called the concurrent list, means exactly what it says. A concurrence of authority where the Federal and State governments share power and therefore the state houses of assembly as well as the National Assembly can make laws over these matters; while the Governors, as well as the President, can act in these areas.
This list contains 12 (TWELVE) items and includes matters like Education (secondary and university including polytechnics) Health (secondary and tertiary), Electricity (generation, transmission and distribution).
This list does not include primary education or primary health or sanitation or markets which are expressly left for the Local Governments in the 4th schedule of the constitution.
All matters not listed in these two lists or in the fourth schedule to the constitution such as magistrate courts, consumption tax, rent control, local levies and non-specified taxes, are regarded as RESIDUAL, and the sole preserve of the state governments.
Manifestly and contrary to the view that everything revolves around the President or the Federal Government, what is obvious from the Nigerian constitution and political arrangement, what we really have is an arrangement of shared powers, and I might add, shared responsibility. The question then must be, whether all those who bear responsibility actually discharge them; and I will come back to this in some comparative examination of some of the problems identified earlier that people seek government action for.
But before I do so, I need to quickly shed light on even the nature of the Federal Government.
The Executive arm, such as the Federal Executive Council, has the President and Vice-President elected by the people of Nigeria, and at least 36 ministers appointed from each state as prescribed by the constitution that every state must have a Minister. It also then prescribes that the ministerial nominee must be cleared and approved by the Senate.
And who is the Senate? 109 people, elected by you and I, whether you voted or not, 3 from each state to represent us in the Federal Government because there is no building big enough to accommodate us so we send representatives.
The FCT also has one Senator. The House of Representatives, the other arm of the National Assembly has 360 members from all the 36 states who act to exercise legislative powers over the exclusive list, to determine what the Federal Executive can act upon.
When you see how the structure is laid out, what is obvious to me and hopefully to you, is that it is the people of Nigeria, rather than one man, (the President), who truly have powers and responsibility over our affairs.
Let us now then look at a few examples, because there are many, to examine how these powers have been exercised.
Let me start with electricity. As I said it is a concurrent power by the federal and state. The Federal Government since 2013 has chosen to privatize its own responsibility by selling the generating and distribution assets, while managing the transmission side with varying degrees of success.
The question to ask is what is happening at state level across Nigeria with electricity generation, transmission and distribution.
This question cannot be posed to the President. He is not in charge of any state. He did not elect or appoint a Governor. You and I did.
So I am not suggesting that all electricity problems are the responsibility of the state Governors, but if you have an electricity problem in your states please ask your Governor what he plans to do about it, and your House of Assembly lawmaker which law he will support if you vote for him to give you electricity.
The same applies to primary education and primary health. The Federal Government does not and should not own a primary school or primary healthcare centre. But these are the most defining centres for quality education and preventive health. The foundations of young life are defined here. Basic literacy and numeracy, ante-natal care and life protecting immunization are delivered here.
Please ask your Local Government chairman not the Governor or the President.
Sanitation, characterized by water supply and proper refuse management and civic education are not the constitutional responsibility of the Federal Government, your Senator, house of representative member or the President.
It is our state representatives who have constitutional mandate to deliver water to our homes, move our refuse and make sure our surroundings are clean and we do not suffer from disease and epidemics.
Because I expect that there will be responses, whether informed or uninformed to what I already said and will say, let me be clear that I have not come to absolve the Ministers, the Senators, House of Rep, Federal Civil servants and the President of responsibility.
We have our responsibilities and can do a lot more, but I first sought to clear the air and state the facts for those right thinking and indeed well-meaning Nigerians who honestly want a better life and do not know who is responsible for the problems they face.
So, let me go to a contentious area, like Security.
Section 14.2 (b) of the Constitution provides that:
“the security and the welfare of the people shall be the primary purpose of government…”
Interestingly, it does not say which government. My view is that security is an all government responsibility not a Federal Government responsibility alone.
Yes, the Federal Government controls the apparatus of coercive law-enforcement prescribed in the constitution like the military and police, but it has not precluded states from setting up certain types of law enforcement for traffic, sanitation etc.
I am also a public advocate for states to control their own law enforcement apparatus in other extensive areas where they have powers to make laws.
However, I hold the view that security, which is a concern of some of the people, is not guaranteed by having a state law enforcement apparatus.
Indeed, it is more than a government affair.
In my view, it is an all nation affair as contemplated in section 24(e) which provides that:
“It shall be the duty of every citizen to…render assistance to appropriate and lawful agencies in the maintenance of law and order…”
It seems to me that the road to resolving our security problems, starts with a resolution to prevent or resolve the existence of conflict, eliminate the opportunities for crime to happen, and this requires effort from the family unit to the schools, religious institutions, to all levels of government.
It requires a reset of our values for hard work, a love for one another as a keeper of each other, brothers and sisters, a commitment to peaceful cohabitation and the mustering of the capacity to ensure that no conflict lasts to the next day, whenever any occurs.
This will reduce the need for law-enforcement and put less pressure on them.
It is more than a job for a President, Governor, Local Government chairman, or legislator at any level. It is a job that requires parents at home, teachers in schools, religious leaders in places of worship, title holders like Obas, Emirs, Chiefs like Obis, Baloguns, Turakis, Asiwajus, Bashoruns, Galadimas, Ezes and many more.
This again does not absolve the need for well-equipped law enforcement or excuse those responsible, as it does not absolve the need to stem and stop drug abuse in our society, and the need to reduce or eliminate abandoned buildings where suspicious people thrive in our society and need for street lighting at night to deter criminal atrocity.
I cannot conclude this intervention without mentioning road infrastructure.
Nigeria as a country has 200,000 plus kilometres of roads. But they belong to different levels of government.
Federal trunk roads, mentioned in item 11 of the executive legislative list is the one the Federal Government is responsible for
These are the roads that connect one state to the other, interstate roads. These account for 35,000km out of the 200,000km representing 17.5 %.
The state government roads are 17.5% of the 200,000 km and these are the roads that connect one Local Government to another; while the Local Governments have responsibility for the balance, representing 65% of roads that connect one ward to another.
I cannot of course ignore the fact that the Federal Government has a big and important role to play in respect of fiscal and monetary policy that impacts exchange rate, interest rate and inflation.
But there are legitimate questions to ask about how many local businesses need foreign exchange to operate as much as they need water, electricity and skilled personnel and lower levies and non-state actors from extorting them.
There is a legitimate question to ask about whether those of us who keep bank accounts are ready to accept lower deposit rates as a measure to induce lower lending rates, because high interest rates affect our people.
And of course, with housing on the rental side, how many of us who own houses are ready to accept monthly payments as rent paid in arrears as against two (2) years rent paid in advance, which is a point of pain and stress for many people.
While the properties for which these rents are charged largely belong to individuals and companies, not to government, there is also the question to ask whether or not our legislators at state levels can make laws to control rent. This is not a matter for the president because the federal legislator has no powers over rent.
On the construction side of housing, we must remember that it is the state Governors who control land, not the Federal Government. While the Federal Government is currently constructing houses in 34 states, and developing site and service schemes on land provided by state governments and using employee’s contribution to fund mortgages to help some people buy houses, there is a legitimate question to ask whether your state government is building houses and ready to create a mortgage funding institution.
Ladies and gentlemen, there is a lot to expect of a President, there is perhaps much more to ask of State and Local Government actors.
After all, the projection of national might and success on the international stage by heads of Governments such as Presidents, whether in terms of cuisine, technology, sports or the economy, is the projection of the aggregate of what happens at their sub-national entities.
Now that you know who to ask about primary education, primary health, water supply, refuse management, electricity, security, interest rate, roads and a lot more, please know that candidates will soon begin to emerge as 2023 beckons. Do not keep quiet.
Ask them what they will do to make your life better.
Thank you for listening.
Babatunde Raji Fashola, SAN
Honourable Minister of Works and Housing
Friday 5th November 2021
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