THE CHALLENGES OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 NIGERIAN CONSTITUTION

THE CHALLENGES OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 NIGERIAN CONSTITUTION

TABLE OF CASES

Abraham Adesanya v. President of the Federal Republic of Nigeria (1981) All NLR 904

A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 265 at 397

A.G. Abia State & 2 Ors. v. A.G. Federation & Ors. (2006) 7 SCNJ 1

A.G. Lagos State v. A.G. Federation (2004) 20 NSCQLR 99

A.G. Ogun State v. A.G. Federation (1982) 3 NCLR 166

Hon. Abdullahi Maccido Ahmed v. Sokoto State House of Assembly & Anor. (2002) 44 WRN 52

Kayode v. The Governor of Kwara State (2005) 18 NWLR (Pt. 957) 324 at 352

Lakanmi & Anor. V. A.G. of Western State & Ors. (1971) 1 UILR 201

Liyanage v. The Queen [1967] 1 AC

Myers v. U.S.A (1926) 272 U.S. 52 at 293

Polyukhovich v. Commonwealth (1991) 172 CLR 501 at 606

Senate of the National Assembly & Ors. v. Momoh (1984) 4 NCLR 269 CA State v. Goyol & Ors. (2007) 12 NWLR (Pt. 1059) 59

Youngstown Sheet & Tube Co., v. Sawyer 342 U.S. 776, 635 (1952)

TABLE OF STATUTES

The 1979 Constitution of the Federal Republic of Nigeria

The 1999 Constitution of the Federal Republic of Nigeria (as amended) Constitution of the Unites States of America, 1787

TABLE OF CONTENTS

COVER PAGE……………………………………………………………i

CERTIFICATION………………………………………………………ii

DEDICATION………………………………..…………………….iii

ACKNOWLEDGEMENT………………………….…………………iv

TABLE OF CASES…………………………………………………v

TABLE OF STATUTES…………………………………………vi

ABBREVIATIONS………………………………………vii

TABLE OF CONTENTS……………………..……………viii

ABSTRACT………………………….………………………………….x

CHAPTER ONE: HISTORICAL DEVELOPMENT OF SEPARATION OF POWERS
1.1 INTRODUCTION………………………………………..………………………………1
1.2 CONCEPTUAL CLARIFICATION OF KEY TERMS…………………………………3
1.3 EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWERS………………..6
1.4 DOCTRINAL BASIS OF SEPARATION OF POWERS………………………………11
1.5 SCHOLARLY EXPOSITION OF THEORISTS AND JURIST ON THE DOCTRINE OF SEPARATION OF POWERS……………14

CHAPTER TWO: THE DOCTRINE OF SEPARATION OF POWERS UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999
2.1 DOCTRINE OF SEPARATION OF POWERS…………………………………………18

2.2 SEPARATION OF POWERS UNDER THE 1999 CONSTITUTION …………………21

CHAPTER THREE: THE PRINCIPLE OF CHECKS AND BALANCES AND CHALLENGES POSED TO THE DOCTRINE OF SEPARATION OF POWERS
3.1 CHECKS AND BALANCES IN NIGERIA……………… 47

3.2 CHALLENGES…………………………………………… 59

CHAPTER FOUR: CONCLUSION

4.1 FINDINGS……………………………………………… 78

4.2 RECOMMENDATIONS……………………………79

4.3 CONCLUSION…………………………………………59

BIBLIOGRAPHY……………………………………………………………82

BOOKS…………………………………………………………….82

JOURNALS………………………………………………………………83

ARTICLES AND PAPERS PRESENTED AT SEMINARS, FORUMS AND

CONFERENCES…………………………………………………………84

E-RESOURCES…………………………………………………………85

ABSTRACT

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. The doctrine has been adopted in most democratic States as an important device against autocratic, arbitrary and the over use of government power, be it by the executive, the legislature or the judiciary. The researcher adopting doctrinal analysis discovered that a water-tight application of the doctrine is not possible. It is in recognition of this fact that the founders of the doctrine of separation of powers developed the principle of checks and balances which empowers each arm of government to serve as a check on the others to ensure that they do not go out of their constitutionally assigned roles. The researcher also discovered that the principle of checks and balances is the root cause of the challenges facing the separation of powers in Nigeria and went further to make recommendations germane to the effective application of the doctrine in Nigeria.

CHAPTER ONE

HISTORICAL DEVELOPMENT OF SEPARATION OF POWERS
1.1 INTRODUCTION

Among the numerous political theories operating in a democracy, none deserves to be more developed than the principle of power division and separation. In every democratic State, the major institutions of the State are divided into three- the executive, the legislature and the judiciary. It is however important that those to be in charge of running these institutions are independent of the other. According to Montesquieu in his book, when the legislature and executive powers are united in the same person or body of officials, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to execute them in a tyrannical manner. The guarantee of liberty in any given government thus is the practice of the principle of checks and balances.

THE CHALLENGES OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 NIGERIAN CONSTITUTION