IDEAS home Printed from https://ideas.repec.org/a/bcp/journl/v4y2020i1p78-93.html
   My bibliography  Save this article

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

Author

Listed:
  • 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.

Suggested Citation

  • Mahmud Mohammed Momoh, 2020. "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," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 4(1), pages 78-93, January.
  • Handle: RePEc:bcp:journl:v:4:y:2020:i:1:p:78-93
    as

    Download full text from publisher

    File URL: https://www.rsisinternational.org/journals/ijriss/Digital-Library/volume-4-issue-1/78-93.pdf
    Download Restriction: no

    File URL: https://www.rsisinternational.org/virtual-library/papers/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/
    Download Restriction: no
    ---><---

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bcp:journl:v:4:y:2020:i:1:p:78-93. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dr. Pawan Verma (email available below). General contact details of provider: https://rsisinternational.org/journals/ijriss/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.