- Background of the Study:
Separation of power under The 1999 Constitution of the Federal Republic of Nigeria, which is the focus of this study, is the separation of powers in the Nigerian Presidential system of government as against the military system of government. It is the distribution of government powers, and the division of powers and functions of the three arms of government which are Legislative, Executive and Judiciary. Thus, the three arms of government act as checks and balance on one another so as to prevent the excessive use of powers. Under this system, one arm of government should not encroach on the domain of another arm of government or exercise the powers of another arm of government.
1.2 Statement of the Problem
It is known that Separation of Powers is the apportionment of governmental powers among the three distinct arms of government. Due to the complicated and unpleasant situations faced by some ministers of these three (3) arms of government while carrying out their functions, it is fair and proper that these powers interplay with each other. This interplay prevents friction of government activities in the modern government of today. For example the Legislature delegates power to the Executive to make laws (delegated legislation) and to take in some of the judicial functions of the court; for example sit as tribunals or panels to adjudicate on any matter set before them.