Modeling Separation For Constitutionalism: The Nigerian Approach

Abstract

Separation of power has become an important device against autocratic and arbitrary exercise of governmental power, be it by the executive, the legislature of the judiciary. This paper is a critical evaluation of the concept of separation and its contributory role in ensuring constitutionalism. The paper, adopting doctrinal and juristic analysis, further employs a comparative appraisal of Nigeria’s and America’s models and contends that separation and constitutionalism are complimentary and inseparable. It demonstrates the implication of the model of power sharing arguing that the Nigerian model of separation does not allow for absolutism in government as does in the United States of America. It is also shown that judicial review is an integral part of separation in Nigeria, but that the present constitutional arrangement does not allow for proper independence of the judiciary.

Keywords: Separation of Powers, Constitutionalism, Judicial Review, Independence of Judiciary.