AN EXPOSITORY OF THE CONCEPTUAL ANALYSIS OF SEPARATION OF POWERS AND ITS EFFECTIVENESS IN NIGERIAN CONSTITUTIONAL DEMOCRACY

Abstract

Today, all the Constitutional systems in the world might not be opting for the strict separation of powers because that is undesirable and impracticable but implications of this concept can be seen in almost all the countries in its diluted form. It is widely accepted that for a political system to be stable, the holders of power need to be balanced off against each other. The principle of separation of powers deals with the mutual relations among the three organs of the government, namely legislature, executive and judiciary. This doctrine tries to bring exclusiveness in the functioning of the three organs and hence a strict demarcation of power is the aim sought to be achieved by this principle. This doctrine signifies the fact that one person or body of persons should not exercise all the three powers of the government. The doctrine was popularized by Baron de Montesquieu. It was wholly embraced under the 1999 Constitution of Nigeria and the principles have been imbibed into the legal tradition of Nigeria. The following questions emanate from this: what is the origin of the doctrine of separation of powers? How has the doctrine been used in the Nigeria? What is the position of the doctrine in Nigeria? What is the future of the doctrine of separation of powers especially with the nascent challenges to our democratic practices? Can the principles be made more effective to promote efficiency in governance? These are the questions which this paper seeks to answer and provide workable solutions to.