DOI: 10.67203/abulj.2016.xosc8wti ISSN: 3043-6958

THE IMPERATIVES OF SUSTAINING SEPARATION OF POWERS AND CHECKS AND BALANCES UNDER PRESIDENTIAL SYSTEM OF GOVERNMENT IN NIGERIA

Danjos Denis Dalhatu

Separation of powers is one of the crucial features of a presidential system of government as it is practiced today in Nigeria. No man or group of people is too good to be vested with absoluté powers of government viz: legislative, executive and judiciary because of the fear of being abused by: suppressing the rights ofthe people. This is because power corrupts, absolute power corrupts absolutely. It is against this backdrop that the. doctrine of separation of powers as provided by Montesquieu is not absolute due to the checks and balances that goes along with it. In view of selfish interest, people like arrogating powers to themselves to the extent that they become tyrant. The paper relied heavy on the use of secondary sources such as textbooks, journals, newspapers, internet and reports to collect data. Content analysis was also used in the ‘analysis. The paper in the course of analyses found out that the doctrine of separation of powers and checks and balances are imperative in view of the fact that they have allowed each organ to confine itself to its constitutional role with the doctrine of checks and balances strengthening it. However, the doctrine of separation of powers has resulted to usurpation of powers and crisis between the legislature, the executive and judiciary even with the checks and balances. The separation of powers has made them to be competing enemies which does not create room for the dividend of democracy to trickle down.

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