ANALYSIS OF THE CONSTITUTIONALITY OF EXECUTIVE ORDERS RVSG-23 OF 2020 AND RVSG-24 OF 2020 ISSUED BY THE GOVERNOR OF RIVERS STATE, NIGERIA

Abstract

Executive orders are fast becoming convenient tools for the management of the operations of the executive branch of government in Nigeria. Despite their frequent use, executive orders have remained controversial in Nigeria. Against this background, the paper analysed two executive orders issued by the Governor of Rivers State – Executive Orders RVSG-23 of 2020 and RVSG-24 of 2020 to determine their constitutional validity. The doctrinal legal research methodology was used and the sources of data were primary and secondary sources of information. The paper found that the Constitution of the Federal Republic of Nigeria1999 (as amended) [CFRN] grants to the governors in Nigeria the power to issue executive orders in the discharge of their constitutional duties of implementing the CFRN and laws. However, the paper observed that Executive Orders RVSG-23 of 2020 and RVSG-24 of 2020 were issued without constitutional and statutory authorisation and many provisions of the executive orders were found to be inconsistent with the CFRN and Rivers State laws which the executive orders claimed to implement. Among other recommendations, the paper advocated for effective legislative oversight over governors’ executive order issuing powers through passing of appropriate legislation and engaging the power of the purse, as well as seeking judicial review of executive actions in deserving cases.