“Primus Inter Pares” of the Three Tiers of Government under the Presidential System: Towards a Harmonization of the Polity for Progress and Development, BY DR. IBAHIM H. ALKALI
The acknowledged Three Arms of Government under the Presidential system Constitution (which is modeled after the American Presidential System) which are defined under the Nigerian Constitution are: (i) Executive, (ii) Legislature, and (iii) Judiciary.
These Three Arms under the Presidential System of Government, are supposed to work hand-in-hand and in tandem with each other. They are also theoretically and in principle supposedly equal, even though different and distinct.
However, in practice, it would appear that the Executive Arm of Government have more powers and influence to the polity than the two other Arms of Government. The Executive Arm is apparently followed by the Legislature, in terms of inherent powers and influence to the polity. The Legislature is likewise followed by the Judiciary, as these Arms of Government are usually mentioned in that order of precedence.
Why is the order of precedence of the three Arms of Government as such? This is the subject of another article and column! But for now, let it be known that it is apparently because the Executive Arm of Government is the one that plans policies and executes all governmentpolicies, programs, and projects. It is also the Arm of government that generally deals with and relates directly with the members of the public; by inter-alia, announcing, articulating, and executing government policies, programs, and projects that benefit the nation at large, and for the welfare of the citizens.
The Executive Arm also creates, funds, and maintains Ministries, Departments, and Agencies (MDA’s). As well as other Institutions that serve the needs of the country and Nigerians, for a better and more progressive country. The Executive also initiates developmental plans, programs, and projects, towards continued development and progress of the country, and welfare of the citizens.
Among other things, the Executive Arm also initiates, prepares, and passes on the annual national fiscal budget to the Legislative Arm of the Government for consideration and approval. Upon approval of the annual national budget, the Legislature will then pass the approved budget back to the Executive Arm, which is also headed by the President, who is also the Commander-In-Chief of the Armed Forces, for further necessary action, vis-à-vis implementation of the budget. The Executive Arm also additionally often plans and implements periodic developmental plans for the country.
Basically, the foregoing are the main duties and functions of the Executive Arm of Government. Based on the powers vested on the Executive Arm of Government by the Nigerian Constitution, it can therefore be rightly regarded as the “Primus Inter Pares” or “First Among Equals, of these Three Arms of Government.
At the Federal level, under the Presidential system of government, which Nigerian adopted from the United States of America, the National Assembly is “bicameral”, i.e., there are two legislative bodies. The House of Representatives (otherwise known as the Congress or House of Congress) is the lower body, and the Senate is the upper body.
However, in the in the Parliamentary system of government as practiced in Britain, Nigeria’s former colonial power, for example, the system of legislature is “unicameral”, i.e., it has just one legislative body at the national or federal level. This legislative body is the Parliament, which is composed of Parliamentarians as Members of Parliament (M.P.’s). These Members of the Parliament include the Prime Minister himself, and all the Members of his Cabinet, i.e., Ministers, etc, who are all fellow legislative Members of Parliament, along with all the other Parliamentarians, who are not also Ministers or Members of the Prime Minister’s Cabinet.
In Britain, the Parliament is located at Westminster in London, England. The Parliament, and the whole area where it is located, and the surrounding vicinity of the Parliament is generally referred to as Westminster.
An important feature of the three Arms of government, of Executive, Legislature, and Judiciary, respectively, under the Presidential system of government, which we claim to be practicing here in Nigeria, based on the American Presidential System, rightly or wrongly, is the principle of checks and balances. Thus these three Arms of government should be able to check and “balance” each other. This is especially so, in case of wrongdoings or breach of the Constitution. It may also be vis-à-vis any omission or commission in the their distinct duties and responsibilities; or on the part of any one or more of them; or by their agents, heads, or public officers; as fellow stakeholders in the three designated Arms of government under the Presidential System. There is therefore an in-built principle, convention, and custom of checks and balances between and among the three Arms of government, as afore-mentioned.
Moreover, it cannot be overemphasized that “Nobody is above the Law” — not even the President, Head of Government, or Head of State of a country! As well as all the other categories of public officers with immunities, apart from the President, Prime Minister, Head of Government, or Head of State of a country himself/herself. These categories of public officers include the Vice President, Governors, and Deputy Governors. All these categories of public officers with immunity, as afore-mentioned (as well as all other public officers, and all other persons) can still be held liable for their misconducts, offences, criminalities, and breaches of the Constitution, if any, as soon as they leave office.
The Judiciary, on the other hand, is composed of the overall Court System, and hierarchy f courts of the country as a whole. The hierarchy of the court system starts with the lowest courts, up to the highest courts in any country.
In Nigeria, the lower courts in the Northern part of the country start with the Area Courts of different grades, and the Lower Shari’ah Courts in someof the Northern States, Shari’ah Courts of different grades; the Magistrate Courts of different grades; then the High Courts and the Shari’ah Court of Appeal at the State levels.
In the Southern part of Nigeria, the court hierarchy starts with the Customary Courts of different grades, then the Magistrate Courts of different grades; then the High Courts.
At the federal level, there is the Federal High Court (whose constitutional jurisdiction is based on the financial matters or revenues accruing to the federation among other things); the Court of Appeal; and the Supreme Court of Nigeria, which is the last and final court of the Land, beyond which there is no further appeal on any and all matters brought before it from the Court of Appeal.
The three Arms of government can be regarded as separate and distinct, but equal in status, even though under the Presidential system of government, the Executive Arm can further be regarded as the “Primus Inter Pares”, or “First Among Equals”, out of the three governmental Arms.
All the three Arms of government — Executive, Legislature, and Judiciary —are supposed to work together in tandem with each other, and harmoniously. They should each check and “balance” one another, such that there will not be any breach of their respective duties, functions, or their respective constitutional provisions by any or all of them.
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