Limit of Presidential Power of Appointment Under the 1999 Constitution (As Amended): An Appraisal of Section 154

Abstract

On June 30, 2015 President Muhammadu Buhari announced the appointment of Mrs.Amina Zakari as the Acting Chairman of the Independent National Electoral Commission (INEC). Immediately the news broke, the appointment was attended by a deluge of opinions on the constitutionality and morality of the appointment. While one group argues that the appointment was a gross violation of the Constitution and a subtle interference with the independence of INEC, the other group argues that the President was in order on this matter. This Paper explores the concept of presidential power of appointment under the Nigerian Constitution, particularly in relation to that controversial appointment. This Paper argues that the Constitution must be the final authority from where all men must derive their powers, particularly those charged with the mandate to lead the People. This Paper concludes that every constitutional democracy derive its strength and resilience from the strict obedience to the supreme document of the land and more importantly, in an environment where the rule of law is firmly enthroned.