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The Nigerian Constitution and the Independence of the Judiciary

FOR SOME time to come, scholars would comment on various aspects of the 1979 Nigerian constitution, which, on the surface, seems to have been modelled on the United States constitution. First, unlike the Nigerian President under the 1963 Republican constitution,1 the Nigerian President under the present constitution,• like his American opposite-number, is "the Head of State, the Chief Executive of the Federation1 and Commander-in-Chief of the Armed Forces of the Federation". Second, the present constitution, like the United States constitution, provides for a bi-camera! legislature, a Senate and a House of Representatives; while each state is equally represented in the Senate, and election is direct, representation of each state in the House of Representatives is based on population.' Fundamental differences exist between the Nigerian and American constitutions. In the first place, while the Vice-President of the United States is the President of the Senate, the Nigerian constitution provides that "there shall be-(a) a President and a Deputy President of the Senate, who shall be elected by members of that House from among themselves ... " 6 Second, unlike what obtains in the United States where the Vice-President is a stand-by plant, indeed, an errand-boy of the President, the Nigerian Vice-President has specific responsibilities allocated to his office under the constitution : he is the