SEPARATION OF POWERS

Question 1

Igwenyi(2019) ‘Modern Constitutional Law’ (2nd edition)

Answer 1

“one of the greatest achievements of Western European thinkers is the propagation of ideas that have helped to shape the orderly or near orderly control of affairs of man in society. Such ideas amongst others are the doctrine of separation of powers and its twin concept, the notion of checks and balances.”

Question 2

Marshall (1971) “Constitutional theory”

Answer 2

The most confusing term in the vocabulary of political and constitutional thought is the phrase “separation of powers.”

Question 3

O Hood Phillips (1957) in “The constitutional law of Great Britain and the commonwealth”; definition of Separation of powers

Answer 3

“the division of governmental authority into three branches of government: legislative, executive, and judicial, each with specified duties on which neither of the other branches can encroach.”

In the same doctrine, he defined it as “the constitutional doctrine of checks and balances by which the people are protected against tyranny”.

Question 4

Iwu (2015) “Groundwork of constitutional law” submitted that the theory of separation of powers;

Answer 4

“postulates that the three organs or arms of government should be administered by three separate and independent bodies, in such a way that none of them has controlling power over others.

The legislative organ is to make law and no more. (And this law must be made without any interference from both the executive and the judicial organs);

the executive organ is to administer the law made by the legislature and no more. (And this law must be administered without any interference from both the legislative and judicial organs);

while the judicial organ is to interpret the law made by the legislature and administered by the executive, and no more. (And this law must be interpreted without interference from both the legislative and the executive organs.)

Question 5

Rhodes-Vivour JSC (as he then was) in Ugba and ANOR v Suswan and ORS (2014) said;

Answer 5

“…that it is the duty of the legislature to make laws, amend them, etc., while it is the duty of the court to interpret legislation.”

Question 6

To Malemi (2012), “the Nigerian constitutional law,” separation of powers is…

Answer 6

“the constitutional doctrine of the division of powers of government into three branches of legislative, executive, and judicial powers, each to be exercised by a different group of persons as a means of checks and balances in the government structure itself to protect the people against tyranny.”

Question 7

According to Toriola Oyewo in his book “Administrative law in Nigeria,” the doctrine of separation of powers can be interpreted to mean three different things:

Answer 7

1. That the same person should not form part of more than one of the three organs of government, e.g., ministers should not sit in parliament.
2. That one organ of government should not control or interfere with the exercise of the function of another, e.g., that the judiciary should not be responsible to parliament.
3. And that one organ of government should not exercise the function of another, e.g., that the ministers should not have legislative powers.

Of the three meanings given by Oyewo, the third approximates the true doctrine of separation of powers as enunciated by the pioneers of the doctrine.