By Femi Falana
The Council of
State is one of the Federal executive bodies established by Section 153(1) of
the Constitution.
The Council is constituted by the President as the Chairman,
Vice President as the Deputy Chairman, all former Presidents and all former
Heads of the Government of the Federation, all former Chief Justices, the
Senate President, the Speaker of the House of Representatives, the Governors of
the States, and the Attorney-General of the Federation.
The
Council is vested with the power to advise the President in the exercise of his
powers with respect to:
i. National
population census and compilation; publication and keeping of records and other
information concerning the same;
ii. Prerogative
of mercy;
iii. Award
of honours;
iv. The
Independent National Electoral Commission (including the appointment of members
of that Commission);
v. The
National Judicial Council (including the appointment of the members, other than
ex officio members of that Council), and
vi. The
National Population Commission (including the appointment of members of the
Commission); and
b. advise
the President whenever requested to do so on the maintenance of public order
within the Federal or any part thereof and on such other matters as the
President may direct.
From
the foregoing it is crystal clear that the Council has no power to take a
decision on any national policy but to advise the President in the exercise of
his powers in the aforementioned matters.
With
respect to the INEC the Council may advise the President in the exercise of his
powers to appoint the Chairman of the INEC, the National Commissioners and the
Resident Electoral Commissioners.
Since the power of organizing and conducting
the General Election including the fixing of dates for the election is the
exclusive responsibility of the INEC the Council of State is not competent to
advise the President or direct the INEC to postpone the General Election.
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