SEPARATION OF POWERS IN GOVERNANCE THE NIGERIAN CONTEXT AND EXPERIENCE

Abstract

The dictatorial tendencies that characterize the executive fiats and policies within Nigerian polity speak volume of the non-adherence to the separation doctrine. Hence, this paper investigates separation of powers as it relates to Nigerian context. The specific objectives of the paper were to: conceptually review issues of separation of powers, dictatorship, importance of checks and balances in governance in Nigeria; discuss the doctrine of separation of Powers under the 1999 Nigerian Constitution; appraise the Constraints of Separation of Powers in Nigeria; and review the application of the theory of separation of power in Nigeria. Using the qualitative - expository research design, the study uncovered that that the principle of separation of powers is enshrined in the Nigerian constitution. However, it is observed that it operates within a complex political framework that often challenges its realization. The ideology that Nigeria operates and practices absolute separation of powers is further contradicted by the reality of executive rascality and undue dominance, judicial interference and compromise, and legislative weakness. The challenges faced by the doctrine arise when the various organs of government carry out their constitutional function of checks and balances on each other. It is however sad to observe that as lofty as the doctrine appears in theory, in practice it has suffered several setbacks which officers of the executive, legislative and judicial arms of government are responsible for