Appraisal Of The Doctrine Of Separation Of Powers Under The 1999 Constitution Of Nigeria

Appraisal Of The Doctrine Of Separation Of Powers Under The 1999 Constitution Of Nigeria: Lessons From Other Jurisdictions

Rita Ngwoke, Ph.D., Reader, College of Law, Igbinedion University Okada, Edo State, Nigeria

Oriafo Helynn, Ph.D., Lecturer, College of Law, Igbinedion University Okada, Edo State, Nigeria

Iziegbe Patience Osasere, LLM Student, College of Law, Igbinedion University Okada, Edo State, Nigeria

ABSTRACT

The doctrine of separation of power is the fundamental principle of democratic governance that seeks to prevent the concentration of power in any one branch of government. In Nigeria, the 1999 constitution in sections 4, 5 and 6 provides for the doctrine separation of powers between the executive, legislature and judiciary. However, the practical implementation of this doctrine has been fraught with challenges, including executive interference in the affairs of the judiciary and legislature. Using the doctrinal research methodology, the paper examines the experiences of other countries such as the United States of America, Australia and the United Kingdom. These countries have well- established systems of separation of powers, and their experiences provide valuable lessons for Nigeria to meet best international practice. The paper examines that while the doctrine of separation of powers is essential for democratic governance, its practical implementation requires a commitment to the rule of law, independence of the judiciary and a robust civil society. The paper also adopts the comparative approach to examine. It concludes that these factors are critical to ensuring that the doctrine is not merely a theoretical concept but a practical reality. The paper recommends that Nigeria learn from these experiences and strengthen its institutions to ensure the doctrine is upheld in practice, not just in theory.

Keywords: Separation of powers, constitution, jurisdiction, checks and balances