By CC Enemuo
It is not in my habit to congratulate newly elected or appointed political officers, however, in the case of Enugu State, my attention was captured by the newly sworn-in executive governor, in the name of Governor Peter Mba, for his unprecedented bravery in becoming the first executive governor to issue an executive order at the very first day in office. Therefore l say a big congratulations to His Excellency and also to all citizens of Enugu State.
It is no more news that the executive governor issued executive orders 001,002 and 003.
From the enumeration sequence of these orders, it is evident that this is happening for the very first time in Enugu State. It is more interesting, however, that at the national level and in the history of Nigeria, she has only recorded about six executive orders which were however issued by a single president.
Recording about six orders for the nation since independence is a shame, notwithstanding the inherent rights that the system has richly conferred on both the Presidents and Governors of goodwill. The phoney ignorance of the instrumentality of executive order by those who knew better has exposed the lack of sobriety, goodwill and resolute to function for the benefit of the citizens.
Executive Order
The executive order is the exclusive right of a President/Governor to make laws; yes, such orders have the full effect of law which can only be abolished by the issuer or a successor.
Yet, an executive order can be enacted adequately into becoming a proper law through conventional lawmaking. However, when an order has been traditionally enacted it stops being flexible in the hands of the issuer to the extent of its suspension, modification and nullification.
Within the global context; the first president to issue executive order was President George Washington of the United States, in 1789. Today, the United States is having thousands of executive orders of which two alone were challenged and cancelled. This is interesting as it infers that executive orders are mostly unchangeable, especially when they are sincerely carrying genuine interest of the nation, goodwill or rather done in good faith.
There is no limitation on the number of executive orders a Governor/President can issue in a particular tenure as long as such order is in line with acts or recommendations of the state or national assembly, especially when such order is constitutional.
When an order is issued within the constitutional inherent exclusivity, conditionally, it has to be in good faith and for the public interest, therefore it is sustainable even when challenged so as not to defect the precept that “the President/Governor does all good but evil”.
However, when an executive order is good, it will be sustained, but if it is terrible, it will be killed, either by the state assembly, the court or any private residents of the state.
Therefore, an executive order is a powerful instrument; hence, legitimately an open end through which the governor signifies a willingness to show goodwill and an attraction for a pact with the people.
Executive orders do not need the approval or consent of both citizens and the state assembly; the governor communicates the order through any means of his choice to a concerned executive arm or an agency to which it was made to direct.
However, an executive order can only be challenged by the state assembly and any citizen of Enugu State; through the courts. It can be dismissed to the extent of its worthlessness and not for questioning the authority with which it was made.
However, where the governors and the people have an understanding or synergy, there is a slim chance that an order could be challenged even by the state assembly.
Notwithstanding, executive orders are the most accelerated method of introducing a law to the lawmakers, which has equal potency as any other law or regulation in Nigeria.
The Motive Of Executive Order
It is not far reached from the performance of goodwill; for once, a government has decided to connect directly to the people to freely furnish her considerations, which are substantially part of a social contract. Therefore, the only motivation which could be deduced from the brave act of issuing executive order is that a governor/President has shunned dishonest politicking, but rather chooses an open arm to embrace and connect directly to the real citizens.
Therefore, I say a big congratulations to the lucky citizens of Enugu State, for a new dawn has truly arrived. I urge you all to be supportive as I am sure that more people’s oriented executive orders are in the pipeline.
Manu. Enemuo C.C Esq, a lawyer and manufacturer is an Anambra State indigene, based in Enugu.
