AN EXAMINATION OF SEPARATION OF POWER AMONG VARIOUS ARMS OF GOVERNMENT AND ITS IMPACT ON NATIONAL DEVELOPMENT

Abstract

Separation of powers is the division of the powers and functions of government among the three independent and separate arms of government; that is, the legislature, executive and the judiciary, to act as a check and balance on one another and prevent the excesses and abuse of powers. This research examines the separation of powers among various arms of government. It discusses the concept and impact of separation of powers on national development, and the challenges of the doctrine of separation of powers in Nigeria. It was shown that the 1999 Constitution of the Federal Republic of Nigeria recognizes the doctrine of separation of powers. While Section 4 of the Constitution vests the legislative powers of the federation on the National and State Houses of Assembly; Section 5 and 6 vest the executive and judicial powers of the Federation on the President and Governors; and the courts established by the constitution, respectively. It was also shown that there are challenges faced in implementing the doctrine of separation of powers, which include legislative oversight, executive lawlessness, interference with leadership of the legislature, unconstitutional removal of elected officers, and lack of judicial independence. While carrying out their constitutional duties, the executive and legislature constantly accuse each other of attempting to take over the responsibilities of the other. This is usually frowned at and most times lead to a long battle for supremacy. Therefore, the research recommends that there is a need for the executive to grant more autonomy to the legislature in the running of its activities. The judiciary should be granted the much needed independence and in addition to this, it should be granted financial autonomy as contained in the 1999 Constitution of the Federal Republic of Nigeria by the executive.

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