Section 193 and 194 of the 1999 Constitution: Responsibilities of Commissioners of a State

Commissioner

The 1999 Constitution

Section 193 (1)

The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of
the Government of the State responsibility for any business of the Government of that State, including the
administration of any department of Government.

(It is the Governor of a State that has the discretion (i.e. freedom to decide) to give responsibility to either his Deputy Governor or Commissioner concerning any business regarding the government of his state as well as the administration of any department of his government. In a nutshell, it is the Governor of a State that decides the powers he wants to give to his Commissioners or Deputy Governor.)


Section 193 (2)

The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purposes of –

(The Governor of a State is supposed to hold regular meetings with his Deputy Governor and all his Commissioners for the following reasons; )


Section 193 (2)(a)

determining the general direction of the policies of the Government of the State;

(In order to figure out the general direction of the different policies of the Government of the State.)


Section 193 (2)(b)

co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities; and

(In order to co-ordinate the different activities/ responsibilities which the Governor, Deputy Governor and Commissioners are carrying out in their official capacity to ensure that they are executing it properly.)


Section 193 (2)(c)

advising the Governor generally in the discharge of his executive functions, other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.

(In order to give the Governor advise when it comes to how he is carrying out his functions as Governor. This does not include functions which the Governor is required by the Constitution to get advise or act on the recommendation of somebody else or a body. In a nutshell, the meeting the Governor has with his Deputy and Commissioner, he can seek their advise but when it relates to issues where the 1999 Constitution has specifically stated that the Governor is supposed to seek advise or get a recommendation from a person occupying a particular office or a body e.g. National Assembly/ State House of Assembly, then the Governor must follow the directions of the Constitution.)


Section 194

A Commissioner of the Government of a State shall not enter upon the duties of his office unless he has
declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution.

(Before the Commissioner of the Government of a State can begin carrying out his duties/ functions as a Commissioner of a State, he must first declare his assets and liabilities as is contained in the Constitution and he has to take the oath of Allegiance and the oath for the due execution of the duties of his office which is contained in the seventh (7th) schedule of the 1999 Constitution.)


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