LEGALITY OF EXECUTIVE ORDERS IN THE LIGHT OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED).

ANIEKWE, JOHNPAUL IFEANYICHUKWU. (2026) LEGALITY OF EXECUTIVE ORDERS IN THE LIGHT OF THE DOCTRINE OF SEPARATION OF POWERS UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED). Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..

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Abstract

The theory of Separation of Powers is the general idea in the workings of democracy, whereby there is a need for the separation of powers in order to avoid concentration of power in one organ of the government. According to the 1999 Constitution of the Federal Republic of Nigeria, the arms of government in Nigeria include the Legislature, Executive and Judiciary. However, because of the numerous Executive Orders issued in Nigeria, controversies on the legality of such orders as well as their relationship with Separation of Powers have emerged. This research attempts to examine the legality of Executive Orders from the Doctrine of Separation of Powers as provided by the 1999 Constitution of the Federal Republic of Nigeria. Key findings reveal that many Executive Orders have extended beyond constitutional limits, although they do fulfill valid policy implementation and administrative efficiency purposes when anchored in constitutional or statutory authority. Various examples of Judicial pushback against executive encroachment on legislative appropriation powers and federalism were depicted using landmark case laws, in the course of this research. The study further finds that the absence of a comprehensive regulatory framework exacerbates conflicts between the Executive and other arms of government, undermining the Checks and Balances and the Rule of Law, and it concludes that Executive Orders, albeit useful tools of governance, must remain subordinate to the constitution and cannot arrogate core Legislative or Judicial functions. It provides recommendations to enable the effective use of these orders and to also forestall its use beyond the constitutional limits of executive powers. These reforms are critical to the preservation of Nigeria’s constitutional democracy, the promotion of Federalism and the prevention of Executive dominance, while ensuring governmental efficiency.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	ESTHER IGWEIKE
Date Deposited:	24 Jul 2026 09:55
Last Modified:	24 Jul 2026 09:55
URI:	http://eprints.gouni.edu.ng/id/eprint/5904

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