SEPARATION OF POWERS AND ITS APPLICATION IN EMERGENCY SITUATION UNDER NIGERIA’S DEMOCRACY

Abstract

Separation of powers doctrine occupies position of importance in all constitutional democracies. It entails some form of division of functions among three distinct branches of government-the executive, legislature and the judiciary. Entrenchment of the doctrine prevents abuse of power, concentration of power in one person or body and efficiency of government. However, the eighteenth century conception of the doctrine as exemplified by Montesquieu and others of the classic tripartite separation of powers is now archaic and anachronistic, giving room to the constructive system of checks and balances among the three branches of government. The United States of America and Nigeriaare examples with express provision of the doctrine. In the case of Nigeria, the doctrine has been expressed and recognized in its constitutional developments starting from the Independence Constitution to the extant one-although more in theory than practice. The doctrine globally is challenged by emergency times as the current Covid 19 pandemic. The paper therefore, assesse the doctrine of separation of powers and its application to Nigeria’s democracy using doctrinal method. The paper found that separation of powers allows each branch of government to perform its primary or core functions, while also performing an oversight functions on the other branches without encroaching on their core functions. Furthermore, that adherence to the doctrine guarantees the liberty of the citizens and efficient government, although, modern emergency like the Covid 19 is a major challenge. The paper therefore, recommended stringent checks on this to preserve the age long doctrine and constitutional democracy.