(1) Subject to the provisions of this Constitution,
the executive powers of the Federation:
(a) shall be vested in the President and may subject
as aforesaid and to the provisions of any law made by the National
Assembly, be exercised by him either directly or through the Vice-President
and Ministers of the Government of the Federation or officers in
the public service of the Federation; and
(b) shall extend to the execution and maintenance
of this Constitution, all laws made by the National Assembly and
to all matters with respect to which the National Assembly has,
for the time being, power to make laws.
(2) Subject to the provisions of this Constitution,
the executive powers of a State:
(a) shall be vested in the Governor of that State
and may, subject as aforesaid and to the provisions of any Law made
by a House of Assembly, be exercised by him either directly or through
the Deputy Governor and Commissioners of the Government of that
State or officers in the public service of the State; and
(b) shall extend to the execution and maintenance
of this Constitution, all laws made by the House of Assembly of
the State and to all matters with respect to which the House of
Assembly has for the time being power to make laws.
(3) The executive powers vested in a State under
subsection (2) of this section shall be so exercised as not to:-
(a) impede or prejudice the exercise of the executive
powers of the Federation;
(b) endanger any asset or investment of the Government
of the Federation in that State; or
(c) endanger the continuance of a Federal Government
in Nigeria.
(4) Notwithstanding the foregoing provisions of
this section:-
(a) the President shall not declare a state of
war between the Federation and another country except with the sanction
of a resolution of both Houses of the National Assembly, sitting
in a joint session; and
(b) except with the prior approval of the Senate,
no member of the armed forces of the Federation shall be deployed
on combat duty outside Nigeria.
(5) Notwithstanding the provisions of subsection
(4) of this section, the President, in consultation with the National
Defence Council, may deploy members of the armed forces of the Federation
on a limited combat duty outside Nigeria if he is satisfied that
the national security is under imminent threat or danger:
Provided that the President shall, within seven
days of actual combat engagement, seek the consent of the Senate
and the Senate shall thereafter give or refuse the said consent
within 14 days.
