Decree No. 8 of 1967
The main feature of this Decree in the vesting in the Supreme Military
Council of both the legislative and executive powers of the Government
of the Federation. The Federal Executive Council which has hitherto
exercised these powers has now been divested of them and it is
henceforth to discharge those functions that are specifically
delegated to it by the Supreme Military Council. 2. In the exercise of
these legislative and executive powers, the concurrence of the Head of
the Federal Military Government and of all the Military Governors is,
for the first time, made essential in respect of certain matters which
are set out in section 69 (6) of the Constitution. These are, to
mention a few, matters affecting or relating to trade, commerce,
industry, transport, the Armed Forces, the Nigerian Police, Higher
Education, and the territorial integrity of a Region and the
provisions of the sections listed in the proviso to section 4 (1) of
the Constitution. 3. On the other hand, the legislative and executive
powers of the Regions have been fully restored and vested in their
respective Military Governors. But the provisions of section 86 of
the Constitution of the Federation ensure that no Region shall
exercise its executive authority so as to impede or prejudice the
exercise of the executive authority of the Federation or to endanger
the continuance of federal government in Nigeria. 4. The provisions
of section 70 of the Constitution of the Federation give powers to the
Supreme Military Council to take over the executive and legislative
functions of a Regional Government during any period of emergency
which might be declared in respect of that Region by the Supreme
Military Council, while those of section 71 give the Supreme Military
Council power to take appropriate measures against a Region which
attempts to secede from the rest of the Federation, or where the
executive authority of the Region is being exercised in contravention
of section 86 of the Constitution. 5. On the question of amendment to
a Regional Constitution, section 5 of the Constitution of the
Federation has been suitably modified to the effect that in respect of
certain matters mentioned in the section like, the appointment, tenure
of office and terms of service of High Court judges, the functions of
the Public Service Commission, the establishment of a Consolidated
Revenue Fund, etc., andy Edict made shall come into operation only
with the concurrence of the Supreme Military Council. 6. The Advisory
Judicial Committee established under Decree no. 1 of 1966 and which
before now tendered advice to the Supreme Military Council regarding
appointment of judges all over the Federation ahs been abolished.
Each Military Governor now controls appointment of judges of the High
Court of his Region. But the appointment of the judges of both the
Supreme Court of Nigeria and the High Court of Lagos is made the sole
responsibility of the Supreme Military Council. 7. All appointments to
posts in the superscale group 6 and above in the Public Service of the
Federation and appointments to posts of Deputy Commissioner of Police
and above in the Nigeria Police Force are now to be made by the
Supreme Military Council. The functions formerly discharged under
sections 110 and 146 of the Constitution of the Federation by the
Federal Public Service Commission and the Police Service Commission
respectively are now to that extent limited. 8. Appointments to the
offices of Ambassador, High Commissioner and other principal
representatives of the Republic in countries other than Nigeria are
now, under the Decree, to be made by the Supreme Military Council.
Compiled by NOWAMAGBE AUSTIN OMOIGUI, MD
