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ABSTRACT
The constitution of the Federal Republic of Nigeria, 1999 (as amended) made the theory of separation of powers a fundamental principle of state governance. This essay examines the doctrine of separation of powers under the 1999 Constitution of the Federal Republic of Nigeria with a view to critically assessing the challenges facing same in Nigeria. The 1999 Constitution in different sections vested the powers of government in separate organs of government as follows: section 4deals with the legislative powers; section 5 deals with the executive powers, while section 6is concerned with judicial powers. This kind of separation of powers is known as the horizontal separation of powers.
It has been discovered, by the adoption of doctrinal methodology as well as comparative research methodology, that a water-tight application of the doctrine of Separation of Powers is not possible. It is in recognition of this fact that the founders of the doctrine developed the principle of checks and balances which empowers each arm of government to serve as a check on the others to ensure that they do not go out of their constitutionally assigned roles. This concept of checks and balances is as well provided for in the constitution of the Federal Republic of Nigeria, 1999 (as amended).
