CHALLENGES FACING THE DOCTRINE OF SEPARATION OF POWERS UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999

ABSTRACT

This study investigates the challenges facing the doctrine of separation of powers under the 1999 Constitution of Nigeria, a cornerstone of democratic governance. The clear division of powers among the executive, legislative, and judicial branches is crucial for ensuring accountability and preventing abuses of authority. This research explores the practical hurdles obstructing the effective implementation of this doctrine in the Nigerian context. Employing a doctrinal research approach, this study meticulously analyzes constitutional provisions, legal precedents, and scholarly works pertinent to the separation of powers in Nigeria. By delving into historical contexts and existing literature, the research aims to provide a comprehensive understanding of the challenges faced by the doctrine within Nigeria's specific constitutional framework. The identified challenges serve as a pertinent and vital project topic. By scrutinizing these practical obstacles, this research seeks to offer nuanced insights into the complexities of separation of powers in Nigeria. Addressing these challenges is crucial for fortifying democratic principles and promoting good governance. The findings reveal several significant challenges, including blurred lines of authority between branches, limited checks and balances, and instances of executive overreach. Judicial independence is hindered by political interference, impacting fair decision-making processes. Furthermore, financial and administrative constraints impede the optimal functioning of the judiciary, legislative, and executive branches, hampering the effective separation of powers This study contributes essential knowledge to the discourse on the separation of powers in Nigeria. By proposing strategic solutions to the identified challenges, it aims to empower policymakers, legal practitioners, and scholars in fostering a more robust democratic system. Strengthening the implementation of the separation of powers is pivotal for upholding the rule of law and ensuring the continued progress of Nigeria's democratic society.