AN APPRAISAL OF THE EXERCISE DISCRETIONARY POWERS BY PUBLIC OFFICERS UNDER SECTIONS 4,5 & 6 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)

Abstract

The study critically appraised the discretionary powers exercised by Public Officers under sections
4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria 1999. The Study emphasized
the significance of discretionary powers within the legislative, executive and judiciary, tracing the
evolution, necessity and the various modes of conferment of discretionary powers through
legislation. It further explores the constitutional foundations upon which those Public Officers
exercise such powers. A detailed appraisal revealed that discretionary powers have often been
grossly abused across the three arms of government. Consequently, the study proposed several
recommendations: First, the need to clearly define the ambit of discretionary powers to prevent
abuse, the amendment of sections 175 and 212 of the Constitution 1999 to allow for judicial review;
and the amendment of sections 174 and 211 of the Constitution to enable the court to review the
powers of the Attorney–General were exercised arbitrarily against public interest. Additionally, the
study recommended the amendment sections 143 and 188 of Constitution which confer legislative
powers of impeachment, to provide precise and flexible definition of “gross misconduct”, similar
to the U.S. model, thereby closing gaps that permit political manipulation. Also the need to separate
the office of the Attorney-General from the office of the Minister for Justice was also recommended.
Finally, it advocated for the establishment of judicial guidelines on sentencing, bail, injunction,
and adjournment to minimize abuse of discretion by judges.