Relationship between the Executive, the Legislature and the Judiciary in the Nigerian Fourth Republic as an Engine of an Unbalanced One: A Study of 1999-2019
- January 25, 2020
- Posted by: RSIS
- Categories: IJRISS, Social Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue I, January 2020 | ISSN 2454–6186
Mahmud Mohammed Momoh
Kogi State University, Anyigba, Nigeria
Abstract:- It is probable that the philosopher Baron de Montesquieu meant that power between the legislative, executive and judicial arms of government should not overlap or ultravire their limits when he proposed the principles of separation of power in his; The Spirit of the Laws in 1748. More also, it was part of the resolve to ensure that the might of the three arms of government does not become a common band against the aspiration and freedom of the vast majority of the people that A.V Dicey proposed the need for a system of checks and balances as one of the cardinal element or principle of democracy. Through a careful research of Nigeria’s democratic journey since 1999, what becomes apparently plain is a situation of executive overrides over the other two arms of government- the legislature and the judiciary. A cross section of academicians has in part or in whole blamed the executive for the abysmal termination of the tenure of principal officials of the legislature. Between 1999 and 2007 Evan Enwerem, Chuba Okadigbo and Adulphos Warabara lost their seats respectively as senate presidents while Salisu Buhari and indeed Patricia Etteh (September 2007) lost their positions as speakers of the House of Representatives over corruption related charges. The judiciary has as well accused the executive of using its arm the Economic and Financial Crimes Commission (EFCC) to witch-hunt its principal officer. A case in point is the latest sacking of the Chief Justice of Nigeria Walter Onnogen on 18th April, 2019. On its own part, the executive has blamed the legislature of some unwholesome incidence such as budget padding. The executive also blames the judiciary for delay is granting justice on certain cases requiring urgent delivery of justice.
Keywords: Relationship, Legislature, Executive, Judiciary, Unbalance
I. INTRODUCTION
In Nigeria, the tendency to manage relations between arms of government has been a problematic pathway after the 1999 return from over a decade of blind experiment with military autocracy. At best the relationship between these three arms of the legislature, executive and the judiciary has been the case of the old tale of an unholy alliance of strange bedfellows.
