The concentration of powers in one arm of government may lead to dictatorship and arbitrary rule, therefore there is need to avoid the concentration of power in one arm, of government and each arm of government should be. The doctrine of separation of powers in the constitution. The origins of the doctrine of separation of powers can be traced back as far as ancient greece. One can even ascertain a functional separation of powers in an islamic polity. The doctorine of separation of powers under the nigerian. Separation of powers is aimed at preventing despotism, whereas totalitarianism believes in unity and oneness of power. Application of separation of powers in nigeria bscholarly. I was mentioned, in monitoring the political system and advocate new measures when the rights of people are threatened. The relevance of separation of powers and the independence of the judiciary can be fully appreciated in nigeria if we recall that the successive military governments we have had in nigeria had invariably arrogated onto themselves executive, legislative and judicial powers and consolidated that in one unified power structure which is not.
Therefore, in addition to the horizontal power separation, there had to be another system to balance the powers vertically, between the national government and the states in particular. Separation of powers refers to the division of a states government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. Electricity company of nigeria niger dams 3 supply industry was run by national electric power authority nepa authority vertically integrated monopoly. Pdf the theory of separation of powers means that, a different body of persons is to administer each of the three departments of government. Factors influencing the executive and legislative conflict in nigeria. Maintaining the principle of separation of powers in nigeria. Origins and conceptual framework of the separation of powers doctrine a power arrests power. Democratic government is characterised by the separation of powers. The theory of separation of powers means that, a different body of persons is to administer each of the three departments of government.
The doctrine of separation of powers as its applies in the constitution of the federal republic of nigeria 1999 chapter one introduction. Right from independence, successive political dispensations in nigeria have engineered different constitutions, all providing for the doctrine of separation of powers2. The federalist papers as political narrative, 74 tex. The principle of separation of powers and the doctrine of checks and balances are. Judiciary helps in achieving sustainable democracy in nigeria. Buhari in suspending onnoghen chief justice of nigeria cjn from office. Part ii powers of the federal republic of nigeria 4. A complete separation of powers is neither practicable nor desirable for effective government. Introduction the principle of separation of powers is a specific feature of presidential democracy. Cases and instances from the content analysis showed that.
Mar 25, 2020 the 10 project topics about separation of power in nigeria listed below are complete project works chapter 15 and they are all available for instant download both in pdf format and msword document format. This study is going to examine the working of separation of powers in nigeria. Pdf electricity generation and the present challenges in. A senior advocate of nigeria, chief bolaji ayorinde referred to the system as. Vile, constitutionalism and the separation of powers, indianapolis. Nigeria has always entrenched the principles of separation of powers in her constitution, considering how important it is in a heterogeneous and democratic state. The perception about the criminal justice system in nigeria is overwhelmingly negative. Generated, transmitted, distributed electric power engaged in billing, metering and customer services. The vertical separation of powers victoria nourse abstract standard understandings of the separation of powers begin with the concept of function. Therefore in nigeria, the separation of powers necessary for maintenance of liberty is reconciled with the need for their cooperation with, and dependence on, each other.
Constitution of nigeria ensuring the separation of power as an underlining principle of the nigerian governmental system by vesting legislative power of the federal government in the national assembly. The relevance of separation of powers and the independence of the judiciary can be fully appreciated in nigeria if we recall that the successive military governments we have had in nigeria had invariably arrogated onto themselves executive, legislative and judicial powers and consolidated that in one unified power structure which is not uncharacteristic of the military as a unified and centralized command structure. Separation of powers under the 1999 constitution of the federal. In some democracies, notably nigeria, uganda, ghana, united states and israel, judiciaries have developed what is commonly referred to as the political question doctrine to jurisprudentially resolve political questions and define their. Relevant sections of the constitution place each of the basic powers of government in a separate branch. Although his writings on the subject were a result of an empirical observation of the working of separation of powers in other countries, especially britain, which he had visited, he was the first to expound the doctrine of the separation of powers in a systematic way. But nigeria has subsequently argued that socioeconomic rights are nonjusticiable.
For instance in july 2017, the generation peak load forecast was 14190mw while. The concentration of powers in one arm of government may lead to dictatorship and arbitrary rule, therefore there is need to avoid the concentration of power in one arm, of government and each arm of government should be independent of another so that the. On first of april 1972, the operation of electricity cooperation of nigeria and niger dam authority were merged in a new organization known as national electric power. Separation of powers is an important instrument of checks and balances in the exercise of power and a central theme therefore of constitutionalism and government under the rule of law. In so doing, the paper is divided into three distinct but related segments. The doctrine of separation of powers and the illusion of. Implications of separation of powers and federal character. This long essay examines the doctrine of separation of powers under the 1999 constitution of the federal republic of nigeria with a view to critically assessing the challenges facing same in nigeria. Thus, western political thought rests on the theory of separation of powers and limited government, as reflected on the works of john stuart mills, rousseau and jeremy bentham. Jan 02, 2018 creation of the power holding company of nigeria plc phcn as of 2005, nigeria had only the now defunct nepa responsiblefor generating,transmittingand distributingelectricity,in additionto the responsibilityfor regulatingitself. Sep 06, 2009 a complete separation of powers is neither practicable nor desirable for effective government. Doubtless the separation of powers is a decision for the process of devising the protection of the liberty and rights of the people. It is one of the essential elements of the rule of law, because without a proper separation of powers the rule of law will be imperilled, but the doctrine has a wider application and this constitution watch will examine it in greater detail. It is contrary to the doctrine of separation of powers, especially when people other than parliament members are empowered to make laws.
Separation of powers and the budgetary process in nigeria. The separation of powers in local government in nigeria jstor. Doctrine of separation of powers functions, effects. Is the doctrine of separation of powers a feature of the botswana constitutional system, or. A constituency relationship is one likely to create incentives to act in accordance with the power to elect, appoint, direct, or remove. Some recommendations that will uplift the law and practice of separated powers in nigeria were made. Core legal dilemmas under nigeria s constitutional democracy journal of law and judicial system v2 i1 2019 28 thinker and another of the foremost evangelists of the doctrine of separation of powers, to secure the gains the liberty power must not be. A government of separated powers assigns different political and legal duties to the legislative, executive and judicial departments. A doctrine which provides that the three branches of government executive, legislature and judiciary should be kept separate and each arm be vested with separate powers to prevent an abuse of those powers. Here is the clearest imperative of the demand for a separation of state and. An appraisal of legislative prerogatives in impeachement. Application of separation of powers during civil regime in nigeria.
In any democratic system, separation of powers is a mandatory requirement for good government. A separation of powers is prominent in nigerias constitution. The change in times has seen the doctrine of separation of powers take form in different ways. Esprit des lois spirit of laws published in 1748, for the first time enunciated the principle of separation of powers. The doctrine of separation of powers under the nigerian.
The nobility mediate between a potentially overbearing lower house and the executive. The doctrine of separation of powers in the constitution of. Aug 14, 20 constitutional principle of seperation of power in the present 1999 constitution of the federal republic of nigeria, separation of powers is a fundamental constitutional principle. I examine the accountability mechanism of separation of powers. Thus, these 50 states would act as a counterbalance, an equivalent force, to the federal government in terms of powers. One of the communist jurists wrote the separation of powers belongs to a political era in which political unity was reduced to a minimum in. While the rule of law guarantees civil rights, human rights, separation of powers and an independent and effective judiciary, among. Franchise separation of power mandate federation elective representation in nigeria what is today known as nigeria is a product of british colonial rule. An islamic perspective1 mohammad hashim kamali introduction european colonialism dominated the muslim world through much of the 19th and 20th centuries, during which time the shariah was suppressed and supplanted by western legal codes and its nationstate model. Nigeria regained democratic rule from the military in 1999. Constitution of the federal republic of nigeria 1999. Theoretically, the doctrine of separation of powers is an attempt at allocating and making exclusive to each of the three arms of government specified, powers and functions of government. Apr 12, 2018 maintaining the principle of separation of powers in nigeria 12 apr 2018 nigerian president muhammadu buhari, senate president bukola saraki and chief justice walter onnoghen the principles of separation of powers and checks and balances facilitate the efficient working of and harmonious interaction between the three arms of government. Separation of powers and checks and balances in the constitution of liberia 1986 checks and balances separation of powers legislature house and senate enacts laws art.
The doctrine of separation of powers is based on the acceptance that there is a division of governmental powers into the three branches of legislative, executive and judicial powers, each to be exercised by a separate and independent arm of government as a preventive measure against abuse of power, which will occur if the three powers are exercised by the same person or group of people 3. The renaissance of constitutional democracy in the fourth republic gave rise the constitution, 1992 which embraced the hybrid system of separation of powers. Origins in order to fully illuminate the contemporary implications of our separation of powers system, it is helpful to understand its origins. The nigerian power sector legalregulatory framework key. He wrote that a nations freedom depended on the three powers of governance legislative, executive and. In nigeria, there is a wide gap between forecast power and actual power generation needed for productive endeavours. The role of separation of powers in ensuring public. However,in january2004, the phcn was created, with a pruneddown management team at the headquarters.
The doctrine of separation of powers and the illusion of separateness. This study therefore investigated the impact of the separation of powers in achieving sustainable democracy in nigeria state. Vertical separation of powers key to domestic tranquility. Since then, the country has conducted several elections with the first successful transfer of power from one civilian government to another in 2007. The guarantee of liberty in any given government to the people is the practice of the theory of separation of powers. There is a realization that some union of powers promotes harmony in government and some separation makes for liberty, while both are essential for efficiency. Professor nourse argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. The article begins with the definition of government and the doctrine of the separation of powers, points out some imperfections in the 1999 constitution of nigeria and the judicial response aimed at solving this problem by resorting to the purposive approach.
However for the purpose of this paper our focus is on the former. Public lecture 7 beetsehkwagha and robert echikwonye, separation of powers and sustainability of democracy in nigeria. In 1914 the first colonial governorgeneral of nigeria, lord frederick luggard amalgamated the southern and northern protectorates to form nigeria. Nigeria runs a multiparty system with the all progressive congress being the leading party having won the march 2015 presidential elections. The importance of this division cannot be over emphasized for it is only by separating the function of. Ali san introduction there is no gainsaying the fact that the famous doctrine or principle of separation of powers is as old as man, what we are saying in essence is that, separation of powers has been in. Horizontal separation of powers law constitutional. Relevance of separation of powers and its application to. One of the guiding principles for the proper running of any democracy is the doctrine of separation of powers.
Theoretical framework of analysis the theoretical framework of analysis adopted in this study, is the theory of separation of powers. Separation of powers here reinforces or even merges into balanced government. This system divides the state into three branches the legislative, executive and judicial. In the present dispensation in nigeria at the federal and state levels, there is a. The system of separation of powers divides the tasks of the state into three branches. The doctrine of separation of powers, an essential prerequisite of a presidential democracy, provides for a division of powers of government into three distinct arms. Relationship between the executive, the legislature and the. The doctrine of separation of powers was touched on in an earlier constitution watch. Amnesty international tagged the criminal justice system in nigeria a conveyor belt of injustice, from beginning to end amnesty international, 2008. Constitutional principle of seperation of power vanguard. Constitution of nigeria and the judicial response aimed at solving this problem. This theory according to gettel implies that, the three functions of government should be performed by different bodies of persons.
Ogoloma, the theory of separation of powers in nigeria. This essay argues that a watertight separation of powers is impracticable under the 1999 constitution of nigeria. The interface in the application of separation of powers and governance has significant impact on the effectiveness of public sector particularly in nigeria given the composition. The structure of the constitution reflects the collective preferences of the state delegates who drafted it in 1787. Doctrine of separation of powers functions, effects, defects.
What montesquieu taught us is that there are three functions of government, or three powers. Separation of powers refers to the division of a states government into branches, each with separate, independent powers and responsibilities, so that the. The existence of the doctrine of separation of powers is very much aspired for in contemporary democratic governance desired even more is the operation of its corollary principle of checks and balances of powers. The separation of powers and constitutionalism in africa. Any system of government that is hinged on the rule of law and democracy and especially the presidential system of government as practiced in nigeria must. Current challenges for the doctrine of the separation of powers. The concept of separation of power was adopted in nigeria with more emphasis on the 1979 and 1999 constitutions respectively. Onnoghens cjn conundrum, exercise of the executive powers of the.
Abstract the rule of law and democracy has become the major features of any civilized society, without which such society is often seen as barbaric, uncivilized and uncultured. In nigeria, there exists separation of powers among the three arms of government. The abuse of state power mentioned here could not have thrived in nigeria if the doctrine of separation of powers and rule of law and independence of the judiciary are strictly observed and. Pdf factors influencing the executive and legislative. Journal of science and public policy, cenrensin publications. The legislative power of the federal republic of nigeria shall be vested in a national assembly for the. The separation of powers in local government in nigeria journal. Thanks to bicameralism, the licentiousness of the many and the encroachments of the few are alike checked. The doctrine has been adopted in most democratic states as an important device against autocratic, arbitrary and the over use of government power.
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