An Appraisal of Charles De Montesquieu Theory of Separation of Power within the Prisms of Power Relations among Structures of Government in Nigeria’s Presidential System:The Dilemma and Critical Issues

Abstract

Montesquieu dislike for despotism gave him the impetus to search for a way in which the evil effect of absolutism in France might perhaps be remedied. In his quest to determine the cause of political problem of his days and proffer solution, made him to ascribe liberty in England to the separation of powers amongst the three organs of government - the Legislature, the Executive, and the Judiciary and the balancing of these powers against each other, in his famous eleventh book of The Spirit of Laws.In line with this the pressures mounted on the Nigerian political system since independence created instability in Nigerian polity. 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: In Nigeria, Both arms of government jettisoned constitutional arrangements to engage in supremacy battle thereby leaving the judiciary as the final arbiter in such instances. Further analysis showed how the executive attempt to choose for the legislature its leadership from 1999-2020.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.