Thesis Chapters by Oluwatosin Ademodi
LONG ESSAY, 2019
The Constitution of the Federal Republic of Nigeria, 1999 (as amended) made the theory of separat... more The Constitution of the Federal Republic of Nigeria, 1999 (as amended) made the theory of separation of powers a fundamental principle of state governance. The 1999 Constitution in different sections vested the powers of government in separate organs of government as follows: Section 4 deals with the Legislative powers; Section 5 deals with the Executive powers, while Section 6 is concerned with Judicial powers. This kind of separation of powers is known as the horizontal separation of powers.
The founders of the doctrine of Separation of power 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 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. This concept of checks and balances is as well provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Despite these provisions of the constitution, there are presently in Nigeria disputes and controversies concerning the meeting points of the powers allotted the various arms of government. The executive arm of government today appears to dwarf the other arms of government by virtue of the amplitude and plenitude of powers allotted to them by the Constitution. The judicial arms of government appear to be at the receiving end of this power tussle. There are however certain salient areas in the interplay of powers where the three arms of government must converge or meet for the orderly regulation or governance of Nigerian society. This long essay reviewed the hallowed concept of separated powers of government, the doctrine of checks and balances as well as the Independence of Judiciary, the meeting points of the powers and their areas of dislocation. Some recommendations that will uplift the law and practice of separated powers in Nigeria were made.
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Thesis Chapters by Oluwatosin Ademodi
The founders of the doctrine of Separation of power 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 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. This concept of checks and balances is as well provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Despite these provisions of the constitution, there are presently in Nigeria disputes and controversies concerning the meeting points of the powers allotted the various arms of government. The executive arm of government today appears to dwarf the other arms of government by virtue of the amplitude and plenitude of powers allotted to them by the Constitution. The judicial arms of government appear to be at the receiving end of this power tussle. There are however certain salient areas in the interplay of powers where the three arms of government must converge or meet for the orderly regulation or governance of Nigerian society. This long essay reviewed the hallowed concept of separated powers of government, the doctrine of checks and balances as well as the Independence of Judiciary, the meeting points of the powers and their areas of dislocation. Some recommendations that will uplift the law and practice of separated powers in Nigeria were made.
The founders of the doctrine of Separation of power 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 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. This concept of checks and balances is as well provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Despite these provisions of the constitution, there are presently in Nigeria disputes and controversies concerning the meeting points of the powers allotted the various arms of government. The executive arm of government today appears to dwarf the other arms of government by virtue of the amplitude and plenitude of powers allotted to them by the Constitution. The judicial arms of government appear to be at the receiving end of this power tussle. There are however certain salient areas in the interplay of powers where the three arms of government must converge or meet for the orderly regulation or governance of Nigerian society. This long essay reviewed the hallowed concept of separated powers of government, the doctrine of checks and balances as well as the Independence of Judiciary, the meeting points of the powers and their areas of dislocation. Some recommendations that will uplift the law and practice of separated powers in Nigeria were made.