APPLICABILITY OF THE DOCTRINE OF SEPARATION OF POWERS IN NIGERIA AND THE LEGAL CHALLENGES THAT HINDER ITS EFFECTIVE IMPLEMENTATION

Abstract

The doctrine of separation of powers, a fundamental principle in democratic governance, faces prevalent issues and legal challenges in Nigeria’s political landscape. This article explores the complexities and shortcomings surrounding the implementation of this doctrine within the Nigeria context. In Nigeria, the separation of powers is enshrined in the Constitution, dividing governmental authority among the legislature, the executive and the judicial arms. However, several factors undermine its effectiveness. One key challenge arises from the blurred lines between these branches leading to frequent conflicts and encroachments on each other’s domains. The executive often dominates the political scene, wielding significant influence over the legislature and judiciary. This dominance can manifest through executive interference with legislative processes, such as budgetary allocations and appointments comprising the independence of the legislature. Similarly, the judiciary may face pressure or manipulation from the executive affecting impartiality of judicial decisions. Legal challenges to the doctrine of separation of powers in Nigeria also stem from ambiguities within the Constitution and inconsistencies in its interpretation and application. This article analyses prevalent issues and legal challenges which impede effective implementation of the doctrine of separation of powers in Nigeria and recommends ways to tackle the issues and challenges.