THE DOCTRINE OF SEPARATION OF POWER IN A PRESIDENTIAL SYSTEM OF GOVERNMENT (A CRITIQUE OF THE FOURTH REPUBLIC)

CHAPTER ONE

1.0. INTRODUCTION

1.1. BACKGROUND OF THE STUDY

     The presidential system of government also called a congressional system of government is a system of government where an executive branch exists along side legislature and judiciary. The president exercise ultimate power with little or no limitation of such powers as assigned to him by the constitution. It’s origin can be traced back to the monarchies of executive authority was rested in the crown not in the meeting or the estate of the parliament.

       According to (Ugu and Vincent 2007) the presidential system of government is a system where by the president wields the ultimate power of government. Under this system, the president is not just a mere figure head like is the case of parliamentary system but the head of state and the head of government with all rights, powers, privileges and immunities.

       Being the chief executive, the president bears all burden of government and is answerable to the people for the effective and efficient discharge of his duties. He combines both functions of head of state and head of government in the administration of sovereign state (Bassy 2002) Okoli and Okoli (1990) described the presidential system of government as a form of government in which the presidential is dominant. Thus, in presidential system of government, the president combines the important rules of:

• The chief executive
• Ceremonial head of states and the very symbols of authority.
• The commander –in –chief of the arm forces and
• The leader of his political party.

The cardivial feature of the presidential system of government is that the president and cabinet are not members of the legislature. However, the members of the presidential cabinet may be summon before the legislature to answer questions on any irregularities on behalf of their respective departments or ministries.

       Furthermore, no bill passed by the legislature becomes law until the presidential give his assent to such bill. Hence there is considerable separation of powers, functions and functionaries (omolayo and Anowolagu, 1987). The doctrine of separation of power was first propounded by John locke and first used by Baron Montesquieu in (1948) which implies that the functions of government must be divided into three areas visa viz, the executive, legislature and judiciary, in such away and manner that these arms must be combined to exercise It’s own functions without encroaching upon the function of the other arms (Appadoric: 1968) Hence the doctrine of separation of power implies that the law making powers of government must be exercised by the legislature elected by the people through a popular election while the law implementation power should be exercise by the executive and the law adjudication power exercise by the judiciary (okoli and okoli: 1990) the essence of doctrine of separation of power is to ensure limit excess usage of governmental powers, preservation of civil liberty and avoidance of tyranny (Appaoria 1986).

       Nigeria as a sovereign political entity adopted the presidential system of government on first of October 1999 propounded out by the 1979 consitution that ushered in the third republic under the leadership of president shehu Shargari. The system did not last long as it was terminated in December, 1983 due to military intervention that brough in Buhari and idiagbon through a successful coup-detat (bassy: 2002)

       However, in may 1999, nigeria again adopted the presidential system of government under which marked the beginning of the fourth republic. This system is still in place till date. This research work, however solely intend to critically assess the application of the concept of separation of power in ngieria’s presidential system of government in the fourth republic (1999 to 2012).

1. STATEMENT OF PROBLEM

    The fundamental of the application of the doctrine of separation of power in the presidential system of government tends to guarantee civil liberty and freedom of the citizens as well as eliminates tyrannical government. Unfortunately, the period between may 1999 to date under which Nigeria has practiced presidential system of government, the state has experienced very severe abused of the civil liberties and freedom of the Nigerian citizen’s as well as the promulgation of obnoxious laws which constitutes tyrannical system of government. It is these excesses usage of powers which branches the rules of law and separation of powers that these research works intend to address.

• OBJECTIVE OF THE STUDY

    The objective of this study is to critically asses the extend to which doctrine of separation of power is applied in Nigeria presidential system of government of the fourth republic (1999 to 2012) in order to guarantee the civil liberty and freedom of the citizens as well as eliminate of tyranny in government of the Nigeria state.

• RESEARCH QUESTION