5. (1) Subject to the provisions of this Constitution, the executive powers of the Federation:
(a) shall be vested in the President and may subject as aforesaid and to the
provisions of any law made by the National Assembly, be exercised by him
either directly or through the Vice-President and Ministers of the Government of
the Federation or officers in the public service of the Federation; and
(b) shall extend to the execution and maintenance of this Constitution, all laws
made by the National Assembly and to all matters with respect to which the
National Assembly has, for the time being, power to make laws.
(2) Subject to the provisions of this Constitution, the executive powers of a State:
(a) shall be vested in the Governor of that State and may, subject as aforesaid
and to the provisions of any Law made by a House of Assembly, be exercised by
him either directly or through the Deputy Governor and Commissioners of the
Government of that State or officers in the public service of the State; and
(b) shall extend to the execution and maintenance of this Constitution, all laws
made by the House of Assembly of the State and to all matters with respect to
which the House of Assembly has for the time being power to make laws.
(3) The executive powers vested in a State under subsection (2) of this section shall be so exercised as not
to:(a) impede or prejudice the exercise of the executive powers of the Federation;
(b) endanger any asset or investment of the Government of the Federation in that
State; or
(c) endanger the continuance of a Federal Government in Nigeria.
(4) Notwithstanding the foregoing provisions of this section:(a) the President shall not declare a state of war between the Federation and
another country except with the sanction of a resolution of both Houses of the
National Assembly, sitting in a joint session; and
(b) except with the prior approval of the Senate, no member of the armed forces
of the Federation shall be deployed on combat duty outside Nigeria.
(5) Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the
National Defence Council, may deploy members of the armed forces of the Federation on a limited
combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:
Provided that the President shall, within seven days of actual combat engagement, seek the consent of the
Senate and the Senate shall thereafter give or refuse the said consent within 14 days.
6. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being
courts established for the Federation.
(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts
established, subject as provided by this Constitution, for a State.
(3) The courts to which this section relates, established by this Constitution for the Federation and for the
States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in
Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a
State, each court shall have all the powers of a superior court of record.
(4) Nothing in the foregoing provisions of this section shall be construed as precluding:(a) the National Assembly or any House of Assembly from establishing courts,
other than those to which this section relates, with subordinate jurisdiction to that
of a High Court;
(b) the National Assembly or any House of Assembly, which does not require it,
from abolishing any court which it has power to establish or which it has brought
into being.