THE APPOINTMENT AND REMOVAL POWERS OF THE PRESIDENT UNDER THE NIGERIAN AND AMERICAN CONSTITUTIONS: A CRITICAL EXAMINATION

Abstract This paper examines the constitutional powers of the President to appoint and remove public officers. The President, as Chief Executive of the Federation, has wide powers to appoint and remove public officers, not only for the executive branch but also for the other branches of government. In certain cases, the appointment and removal powers are absolute and exclusive, thereby enabling the President to appoint and remove at his own will and his discretion. However, in other more sensitive public offices, the President‟s appointment and removal powers are restricted by the requirement of legislative confirmation of such appointment and removal. This is a necessary incidence of checks and balances aimed at forestalling executive arbitrariness and abuse of power. The efficacy of legislative checks on presidential appointment and removal powers depends to a large extent on the independence and integrity of the legislature.