Legal experts have explained that the establishment of government agencies in Nigeria is governed by constitutional and statutory provisions, emphasising that no public institution can be lawfully created outside the legal procedures prescribed by law.
The clarification follows growing public conversations surrounding the creation of government agencies at both the federal and state levels. According to the experts, although governments may recognise the need for new institutions to enhance service delivery, such agencies must be supported by an enabling law before they can legally commence operations.
They explained that under Nigeria’s constitutional democracy, the authority to establish federal agencies lies with the National Assembly, which is required to pass a bill specifying the agency’s objectives, powers, duties and funding framework. The bill only becomes law after it receives presidential assent.
Similarly, the experts noted that state governments have the authority to establish agencies within their respective jurisdictions through legislation passed by their Houses of Assembly and assented to by the state governor. They added that this legislative procedure ensures every government institution functions within clearly defined legal limits.
According to the legal practitioners, while the executive arm of government may introduce proposals for the establishment of agencies, such proposals cannot acquire legal force until they have passed through legislative scrutiny and secured the required approval.
They said this process promotes transparency, accountability and public participation in governance while preventing the arbitrary establishment of public institutions.
The experts further explained that agencies created without proper legal backing may be vulnerable to constitutional challenges, since government institutions are expected to derive their authority, responsibilities and funding sources from valid legislation. They noted that strict compliance with due process reinforces the rule of law and strengthens public confidence in government institutions.
They also stressed the importance of periodically assessing the performance and continued relevance of existing agencies.
According to them, overlapping responsibilities among agencies frequently lead to duplication of duties, higher administrative costs and inefficiencies in public service delivery.
They argued that improving existing institutions may, in many instances, prove more beneficial than creating new ones without sufficient justification.
The legal analysts urged policymakers to prioritise reforms aimed at enhancing the effectiveness of existing agencies while ensuring that any proposal for a new institution is motivated by genuine public interest and national development goals.
They maintained that proper planning and legislative oversight remain essential for building efficient and accountable public institutions.
They further advised public office holders to comply strictly with constitutional provisions whenever new agencies are proposed, noting that respect for due process remains one of the foundations of democratic governance.
According to them, government institutions perform most effectively when they operate under clearly defined legal mandates that encourage accountability, transparency and efficient service delivery.
The experts concluded that compliance with the law in establishing government agencies not only strengthens democratic institutions but also protects public resources and reinforces citizens’ trust in governance.
They maintained that adherence to constitutional procedures remains indispensable to sustainable national development and the effective functioning of government.
