During the
period of the first republic, there was partial separation of powers; the
executive and legislature were fused while the judiciary was independent. This
is portrayed in cases where the actions of the executive/legislature were
reviewed by the judiciary. For example we have the courts decision in Williams
vs Majekodunmi where the court held that the action of the executive in
restricting the movement of the plaintiff was void.
When the
military came into power in 1966, law making and executive powers were fused in
the supreme military council while the judiciary was distinct from the other
arms of government. It can also be said in this case that there was also
partial separation of powers.
With the
advent of the presidential system of government in 1979, a new era of
separation of powers was ushered in. In this constitution, unlike the previous
ones, the separation of powers among the three organs was clear-cut. This was
contained in S.4; 5 and 6 of the constitution which is identical to the present
1999 constitution. S.147(4) of the 1999 constitution implies that a person
cannot be a member of both the executive and legislature at the same time.
It is worthy
of note that as previously said, separation of powers is not absolute in the
Nigerian situation. There are built in mechanisms to curb the excesses of a
particular arm of government. For example, the executive is involved in the
appointment and removal of judges as contained in SS.292 & 231. Also
pursuant to S.58(3) CFRN 1999, before a bill can be passed into law, it has to
be assented to by the president.
The
legislature on the other hand pursuant to S.147 CFRN 1999 performs executive
functions by confirming appointees of ministerial positions. It is also the
custodian of the revenue of the federation according to S.80 and S.81 CFRN
1999. The judiciary, through the power of judicial review checks the activities
of the other arms of government.
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