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Separation of Powers and Constitutional Democracy in Nigeria?s Fourth Republic
Subject area: Arts, Social Sciences and Humanities · Area of research: Legislative Studies
Abstract
The relations between different branches of government are essential for a nation's constitution, particularly in a presidential system of government. To consolidate constitutional democracy, it is crucial to separate the roles, powers and personnel of the different arms of government while ensuring harmonious relations and independence. The separation of powers doctrine provides a theoretical framework for promoting the autonomy of the arms of government in fulfilling their constitutional responsibilities. The principle of checks and balances empowers each arm of government to serve as a check on the others, preventing them from overstepping their constitutionally assigned roles. The Nigerian Constitution of 1999 (as altered) emphasises the separation of powers by dividing the powers of government into three distinct sections: Section 4 pertains to the Legislature, Section 5 to the Executive, and Section 6 to the Judiciary. However, disputes and controversies currently exist in Nigeria regarding the overlapping areas of power assigned to the different arms of government. This paper aims to examine the separation of powers, the meeting points of the powers, their areas of dislocation and how one organ of government usurps the constitutional powers of another organ of government. The study employs the descriptive analytical method, using secondary sources such as textbooks, journals, articles, and newspapers. The paper concludes that while the Constitution guarantees the separation of powers, there is an aberration in its operationality in the Nigerian context, especially in the Fourth Republic. It suggests that while a water-tight application of this doctrine may be impracticable, there are certain areas where the three arms of government must converge or meet to consolidate democracy in Nigeria.
Keywords
Separation of Powers, Checks and Balances, Constitutional Democracy and Fourth Republic.
How to cite this paper
@article{1707547,
author = {Ibrahim Tafawa Balewa, Adekunle Taofeeq Adeboboye, Fatima Saleh, Farouk Ado Abubakar},
title = {Separation of Powers and Constitutional Democracy in Nigeria?s Fourth Republic},
journal = {Iconic Research And Engineering Journals},
year = {2025},
volume = {8},
number = {9},
pages = {869-879},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1707547.pdf},
abstract = {The relations between different branches of government are essential for a nation's constitution, particularly in a presidential system of government. To consolidate constitutional democracy, it is crucial to separate the roles, powers and personnel of the different arms of government while ensuring harmonious relations and independence. The separation of powers doctrine provides a theoretical framework for promoting the autonomy of the arms of government in fulfilling their constitutional responsibilities. The principle of checks and balances empowers each arm of government to serve as a check on the others, preventing them from overstepping their constitutionally assigned roles. The Nigerian Constitution of 1999 (as altered) emphasises the separation of powers by dividing the powers of government into three distinct sections: Section 4 pertains to the Legislature, Section 5 to the Executive, and Section 6 to the Judiciary. However, disputes and controversies currently exist in Nigeria regarding the overlapping areas of power assigned to the different arms of government. This paper aims to examine the separation of powers, the meeting points of the powers, their areas of dislocation and how one organ of government usurps the constitutional powers of another organ of government. The study employs the descriptive analytical method, using secondary sources such as textbooks, journals, articles, and newspapers. The paper concludes that while the Constitution guarantees the separation of powers, there is an aberration in its operationality in the Nigerian context, especially in the Fourth Republic. It suggests that while a water-tight application of this doctrine may be impracticable, there are certain areas where the three arms of government must converge or meet to consolidate democracy in Nigeria.},
keywords = {Separation of Powers, Checks and Balances, Constitutional Democracy and Fourth Republic.},
month = {March},
}