Constitutionality or Otherwise of Executive Orders: Analysis of Order 21 Signed by the Executive Governor of Rivers State

The Chief Executives of the Federation and States in Nigeria in the discharge of the executive functions most often issues Orders to Agencies and Parastatals within the executive arm of government. The Orders so issued carried with them some policies, directives and sometimes command. They also have the force of law and could therefore be enforced. Executive orders are official documents through which the President of a country or Governor of a State manages the operation of the government. Executive orders derive its authority from the constitution and statute. It is purely an enactment, which constitutionally is the functions of the Legislative arm of Government. In this work we will discuss, the meaning and its origin, the constitutional basis of the orders, its validity especially when it is made in bad faith and its implication putting it side by side fundamental Rights provisions in Nigeria. Our emphasis will be the executive order 21 Rivers State.It concludes by showing that Executive Orders negates the principle of separation of powers enshrined in the Nigerian Constitution and serves as a means where the Executive arm of government makes an incursion into the legislative functions of the Legislature.