Application doctrine of separation of power in nigeria

Application doctrine of separation of power in nigeria

I recall the good old days when late Kehinde Sofola, SAN of blessed memory tendered his resignation as Attorney General of the Federation because the government refused to accept his opinion and legal advice. This policy is supplying, by opposite and rival interest the defect of better motives, might be traced through the whole system of human affairs, private as well as public. The independence of the judiciary is critical to the maintenance of rule of law. The executive can constantly be at work. I pray for a nation Nigeria to evolve from the country Nigeria which in large measure still remains a mere geographical expression. But there is fusion among the three arms of government because the executive do interfere with the work of the judiciary, legislative with the work of the executive and judiciary with the work of legislative. Lord Lugard of the Royal Niger Company introduced some sort of governmental system for the new colony and the colony went through various constitutional phases ranging from indirect rule to the Clifford Constitution of , Richard Constitution of , the MacPherson Constitution of , and to the Littleton constitution of , and the Nigeria independence constitution of The constitutional historian F. That was a classic example of misuse of power and disrespect for the doctrine of separation of powers. Oluyele and D. Separation of power and independence of judiciary is indispensable to the maintenance and sustenance of democracy. The role of Lawyers in maintaining the Independence of the Judiciary Before I conclude, I wish to address the role of lawyers in maintaining the independence of the judiciary. For example, the executive should not interfere in the administration of justice by the courts. Furthermore, it can be seen from the postulations of these writers and jurists mentioned above that the doctrine of separation of powers and the independence of the judiciary can veritably be said to be the twin pillars on which modern states and all normative governments are based.

The whole essence of this is to ensure that those who man the Judiciary i. Under this model, the government of a state is divided into branches, each with separate, distinct and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers assigned to and associated with the other branches.

The Relevance of Separation of Powers and Its Application to Nigeria Nigeria as presently constituted is a creation of our colonial master, the Great Britain, which had suzerainty over what is Nigeria today fromand shortly after the Berlin conference, which dealt with the partition of Africa by the European Colonial powers.

Throughout history, there has been exhibited a tension between the doctrine of separation of powers and the need for balanced government, that is, an arrangement depending more on checks and balances within the system than on a formalistic separation of powers.

Imagine another case where a judge was living in a rented house owned by an absentee Landlord.

importance of separation of power in nigeria

A dependence on the people is no doubt, the primary control of the government, but experience has taught mankind the necessity of auxiliary precautions. Political liberty of a citizen. The on- going democratic dispensation came into force on May 29,with a new constitution known as the constitution.

explain the principle of separation of power in nigerias political system

Lynne Renner Publisher, For example, the executive should not interfere in the administration of justice by the courts. To prevent this abuse, it is necessary from the nature of things that one power should be a check on another.

Democracy cannot survive let alone thrive in any country without lawyers particularly those in government and those serving political parties upholding the sanctity of rule of law.

The above is the contextual background of this paper. In the course of proceeding, he found out that the person charged was infact his Landlord. Arbitrary and blatant interference by the executive or usurpation of the functions of the other institution by the other could result in legal and constitutional deadlock.

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THE DOCTRINE OF SEPARATION OF POWERS IN THE CONSTITUTION OF NIGERIA