Judiciary and the Theory of Separation of Powers in Achieving Sustainable Democracy in Nigeria (The Fourth Republic)

Abstract

Nigeria is a nation with a chequered history of democratic rule. The pressures mounted on the Nigerian political system since independence created instability in Nigerian polity. Hence the Judiciary could not carryout its roles effectively, the First, Second and Third Republics collapsed thus, paved way for the inevitability of military incursions in Nigerian politics, which truncated the Nigerian nascent democracy. Studies have shown that, in a democratic state, separation of powers is indispensable and the independence of the judiciary is paramount in achieving sustainable democracy. This study therefore investigated the impact of the separation of powers in achieving sustainable democracy in Nigeria State. The study used qualitative and content analysis method in analyzing the information generated for the study. Cases and instances from the content analysis showed that: the independence of the Judiciary helps in achieving sustainable democracy in Nigeria; Independent Judiciary enhances due process in a democratic state. Further analysis showed that incidences and court verdicts on issues relating to how the practice of separation of powers enhances the Judiciary to discharge its constitutionally stipulated roles in achieving sustainable democracy in Nigeria is convincing. This work therefore concluded that separation of powers enhances the efficiency of the Judiciary in Nigeria. The researchers recommend that the consolidation of democracy in Nigeria will depend on the commitment and ability of the Nigeria State to take extra measures to ensure that the theory and practice of Separation of Powers, and the Independence of the Judiciary is firmly established, respected and protected.

Keywords: Democracy, Judiciary, Nigeria, Separation of Powers, Sustainable Democracy


Article Review Status: Published

Pages: 84-104 (Download PDF)

Creative Commons Licence
This work by European American Journals is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License