Theory Issues in Separation of Powers in Nigeria: Implications for Democratic Consolidation

Ndema, Samuel Chukwuma (2024) Theory Issues in Separation of Powers in Nigeria: Implications for Democratic Consolidation. International Journal of Knowledge and Dynamic Systems, 13 (7). pp. 79-93. ISSN 2384-5368

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Abstract

The debate on the principle of separation of powers is an age long concern. Over the years, scholars and laymen have come to accept that what guarantees liberty of citizens and responsibility in governance is the practice of separation of powers. However, the frictions and disruptions in governance occasioned by the frequent standoff between the executive and the legislature have brought to the fore the need to investigate how Nigeria has fared as regards separation of powers and checks and balances. This paper is therefore an attempt to match the theory and practice of separation of powers and checks and balances in the Nigerian context. The paper sought to examine the extent to which separation of powers contributed to consolidation of democracy in Nigeria; determine the factors affecting separation of powers in consolidation of democracy in Nigeria; and ascertain the extent to which checks and balance contributed to effective management of separation of powers for consolidation of democracy in Nigeria. The research found that separation of powers appears not to operate any legal restriction on power but, it provides the basis for important principles which the law protects such as independence of the judiciary. It provides a basis for the adoption of structure processes and control which protects liberty now and in the future. It guards against broad spectrum of the ills like absurd judgement avaricious and ambitious self-serving behaviour and inefficient performances of functions. As our system of government evolves new conventions, political practices and events at times new legal rules will need to be devised to protect the liberty of the people and our nascent democracy. The doctrine of separation of powers therefore provides the justification for these measures and helps to determine their nature and scope. Apparently, there is the need to monitor our political system, be vigilant about our liberty and advocate new measures when the liberty is threatened. The research recommended that the Nigerian state should adhere to the theory of separation of powers as it is the practice in other democratic states of the world taken account of our historical past and the urgent need to modernize where necessary. Only this can bring about lasting political stability.

Item Type:	Article
Subjects:	J Political Science > JC Political theory
Divisions:	Faculty of Management and Social Sciences
Depositing User:	mrs chioma hannah
Date Deposited:	15 Oct 2024 14:39
Last Modified:	15 Oct 2024 14:39
URI:	http://eprints.gouni.edu.ng/id/eprint/4405

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