Enhancing Rule of Law and Social Justice with the Principles of Separation of Power in Nigeria

Abstract

The principle of rule of law and separation of power is very essential in any sane democratic society. Without rule of law, life will be nasty and there will be anarchy in the society. The principle of separation of power maintains that the three arms of government in Nigeria must be separated from one another and their functions performed differently and independently, that is, one arm of government should not perform the function of the other. This paper is intended to state the rule of law and principles of separation of powers and checks and balances, its meaning and scope and its application by the makers of the 1999 Constitution of the Federal Republic of Nigeria, the level of compliance with the principles in our constitutional experience and the attitude of the judiciary towards ensuring that the principle is preserved and complied with strictly. The relationship between the rule of law and social justice cannot be overestimated while the paper concluded that the operation of rule of law and social justice cannot be effectively felt without separation of power.