AN APPRAISAL OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 CONSTITUTION

Abstract

This research critically examines the application of this doctrine under the 1999 Constitution of the Federal Republic of Nigeria. It explores the historical evolution of the doctrine in Nigeria, tracing its development from pre-independence constitutions through various military regimes to the present constitutional framework. The research adopts doctrinal approach. The research addresses the theoretical underpinnings of separation of powers and assesses its practical implementation in Nigeria's democratic governance. It identifies and analyzes key judicial decisions, statutory provisions, and executive actions that have shaped the understanding and enforcement of the doctrine. Furthermore, the study delves into the challenges posed by the principle of checks and balances, highlighting instances of overreach by the executive and legislative branches, as well as the judiciary's role in safeguarding constitutional order. Through a comprehensive literature review and case law analysis, the study reveals the complexities and degree of maintaining a balance of power in a pluralistic society like Nigeria. It underscores the importance of an independent judiciary and a robust legal framework in preventing the concentration of power and ensuring accountability. To address these challenges, recommendations include enhancing the independence of the judiciary, ensuring transparent and merit-based appointments in all branches of government, and fostering a culture of respect for the rule of law. The research concludes with recommendations for enhancing the effectiveness of the separation of powers in Nigeria, emphasizing the need for constitutional reforms, judicial independence, and civic education to foster a culture of respect for democratic principles. �

Identifiers

Resource ID

urn:uuid:02dd3025-14b1-48a4-be2c-c8369ccd6aed