NigeriaPolitical Institutions

II. Political Institutionsa) Executive Branchb) Legislative Branchc) Judicial Branchd) The Militarye) The Party Systemf) The Electoral System

Appoints

Confirms

Elects

The President The Cabinet The Nigerian Civil Service

Directly elected by citizens

Limited to two 4 year terms

Must receive national and regional support to be elected

Appoints Supreme Court Judges

Appoints Cabinet Can veto legislation Commander-in-chief of

the armed forces Current President Goodluck JonathanHe is a Christian from the South

1985-1993 1993 1993-1998 1998-1999 1999-2007 2007-2010 2010-present

IbrahimBabangida

Ernest Shonekan

Sani Abacha

AbdulsalamiAbubakar

Olusegun Obsanjo

UmaruYar’ Adua

GoodluckJonathan

Military Dictatorship Democratic Republic

There are currently 19 Ministries or Departments

By convention the President appoints one Cabinet Minister from each of Nigeria’s 36 states; since there are more states than Ministries, many Ministries have two Cabinet Ministers

Below: Goodluck Jonathan with his newly appointed (2011) CabinetHow many women are in his Cabinet?

Modeled after the British Civil Service and established during colonial rule

Like the British Civil Service, the Nigerian Civil Service is composed of a career bureaucrats who craft policy and consult with Cabinet Ministers

The top civil servants are known as permanent secretaries

Nigeria’s Civil Service, however, is generally characterized as inefficient and corrupt

Uses a quota system to ensure balanced representation from Nigeria’s many ethnic groups

Like all federal systems, Nigeria has a bicameral legislature

The House of Representatives is based on representation by population

The Senate is based on regional representation

Directly elected to 4 year terms

Based on representation by population

Amends and make laws Debates issues Can impeach the

president Can overturn a veto

with a supermajority vote (66%+)

360 seats

Ethnic , religious, and regional tensions occasionally disrupt the civility of the House of Representatives as evidenced by a recent brawl (2010)

Directly elected to 4 year terms

Based on regional representation

Debates issues Amends and creates laws Can impeach the president Can overturn a presidential

veto with a supermajority vote (66%+)

Confirms President’s Supreme Court appointments

109 seats

Nigeria’s legal system is comprised of three systems:

1) Traditional courts 2) British Law 3) Islamic Sharia Law

There is also Supreme Court with the power of judicial review

Customary courts were established under British colonial rule to encourage local ethnic groups to resolve minor conflicts peacefully and based on their local customs.

These courts continue to operate in Nigeria but their jurisdiction is generally limited to minor civil disputes

Below: a traditional Igbo court in Southeastern Nigeria circa 1900

Nigeria’s criminal code and civil law are based on British legal traditions

For all civil law cases in the South, Nigeria uses British common law

Criminal and civil trials use the adversarial system where defense lawyers and prosecutors argue their cases

Criminal law is also based on the presumption of innocence

Below: senior Nigerian lawyers wearing traditional English wigs

Islamic law is used in civil and criminal cases in Nigeria’s northern states

Non-Muslims living in northern states do have the right to be tried using British Law

The introduction of sharia law was seen as a concession to Nigeria’s northern Muslims to strengthen Nigerian federalism

Established in 1999 Composed of approximately 21

judges, who are appointed by the president

Highest Nigerian court Has the authority to interpret

the constitution and provide judicial review

Independent of the executive and legislative branches

Recently, supreme court judges have begun to exercise their judicial review by challenging the ruling People’s Democratic Party(PDP)

Two recent rulings support the Supreme Court’s claim to providing effective judicial review:

2007- ruled that PDP President Obasanjo could not seek a third term

2012- upheld INEC appeal that 5 state governors had refused to step down from office; the court ordered that these 5 governors be sacked

http://www.proshareng.com/news/16143Source:

Nigeria has one of the largest military forces in Africa and possesses a modern arsenal

Unlike other case study countries we studied this year, the military dominated Nigerian politics for most of the 20th century

From independence until 1999 there were 10 military coup d’etats

Below: President Goodluck Jonathan riding with top generals

Why do you think Nigeria’s president insisted on a public motorcade standing next two Nigeria’s top generals?

Until 1999 the military assumed the role of the executive branch; every president until 2007 had a military background, the military controlled Nigeria’s oil wealth and controlled patronage

The strong presence of the military in politics is a feature of many African states

Since the 1999 Constitution the military has accepted its subordinate position and the primacy of civilian rule

Nigeria’s party system is much more developed than Iran’s, since there are actual political parties with defined ideologies

Nigeria is considered a multi-party system but since 1999 only one party, the People’s Democratic Party(PDP) has dominated politics. Does this describe another country’s party system we studied this year?

The party system in Nigeria is still in its infancy

Party popularity is still largely determined by the popularity of powerful personalities- this is very much rooted in Nigeria’s authoritarian political culture

Left Centre Right

People’s Democratic Party (PDP)

Action Congress of Nigeria (ACN)

All Nigeria People’s Party (ANPP)Congress for Progressive Change (CPC)

Congress for Progressive Change (CPC)

Action Congress of Nigeria (ACN)

All Nigeria People’s Party (ANPP)

People’s Democratic Party (PDP)

•Left of Centre•Strong supporter of social welfare•Favours more devolution of powers to the states•Strong support base in the North

•Progressive Party•Supports economic liberalization but also emphasizes social welfare•Popular in the South

•Right-wing•Strong supporter of sharia law for the North•Strong support base in the North

•Centre-right party•Champion of economic liberalization•Ruling party since 1999•Very strong support base in the South

PDP position is in Nigerian politics is still dominant. However, in the 2011 election it lost its majority in the House of Representatives for the first time since 1999. Is this the beginning of a competitive party system?

Despite losing its majority in the House of Representatives, the PDP still has an overwhelming majority in the Senate and every president since 1999 has come from the PDP

Nigeria has three direct and regular elections for the President, Senate, and House of Representatives

The House of Representatives and Senate use the SMD system. A simple plurality is needed to win a seat.

To be elected president a candidate requires both regional and national support, at least 25% in 2/3 of Nigeria’s 36 states as well as an absolute majority (50%+ overall)

A second round, run-off vote is required if no candidate can meet the above criteria in the first round; since 1999 no second round has been needed

Given what you know about Nigeria’s system of federalism why do you think the Constitution called for the president to have at least 25% support in 2/3 of Nigeria’s 36 states?

Judging by the results of the 2011 presidential election is this electoral rule having the intended effect?

Nigeria’ s elections have been repeatedly criticized by the international community as fraudulent, and neither free nor fair

Nonetheless, unlike authoritarian Iran or China, Nigeria does have an independent electoral commission which monitors and supervises elections, tabulates results, and ensures that the elections are free and fair

http://www.inecnigeria.org/

For further inquiry into INEC visit the website:

1) Compare and contrast Nigeria’s party system with Mexico’s and Russia’s.

2) Explain why the Nigerian president is much more powerful than the Iranian president.

3) Does Nigeria’s government structure promote or hinder national unity?

4) Does Nigeria have the rule of law? Are there encouraging signs? How does it compare with Mexico and Russia?