5.
(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.
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