‘ERRATICALITY’
A weekly Column with Da-Silva Johnson __________________________________________
Nigeria’s Separation of Powers: Promise, Practice and Present Realities
TEC News | 19th August, 2025.
When Nigeria adopted the 1999 Constitution, it carried a simple message in Sections 4, 5 and 6: let the Legislature make the laws, the Executive carry them out, and the Judiciary interpret them. That neat division is the soul of separation of powers.
But a quarter-century later, how well does that promise hold?
The Textbook Design
On paper, Nigeria runs a presidential system that mirrors the United States. The National Assembly is empowered to legislate; the President executes laws and policies; the Judiciary—anchored by the Supreme Court—guards the Constitution. Add to this the National Judicial Council (NJC), which acts as a referee in appointing judges, and we have a system that should keep every arm in check.
The Stress Tests of Today
In practice, Nigeria’s separation of powers is constantly stretched. In 2024, the Supreme Court delivered a landmark ruling that barred state governors from seizing local government funds or dissolving elected councils. It was a bold reminder that the Judiciary can still rein in the excesses of the Executive.
The same year, the National Assembly suspended Senator Abdul Ningi after his allegation of a N3 trillion budget padding. That saga exposed the inner workings of parliamentary oversight—and also the pressures of party loyalty.
Two years earlier, the Supreme Court struck down President Buhari’s Executive Order 10, which sought to grant financial autonomy to state legislatures and judiciaries. The intention was noble, but the Court ruled that even presidents must colour within the lines of the Constitution.
Case Study 1: Local Government Autonomy
What happened: Supreme Court ruled in July 2024 that state governors cannot seize or redirect local government allocations, dissolve elected councils, or run caretaker committees.
Why it matters: It restored life to the third tier of government and checked the overreach of state executives. It showed the Judiciary acting as a true guardian of the Constitution.
Case Study 2: Budget Oversight Drama
What happened: In March 2024, Senator Abdul Ningi alleged that the 2024 budget was padded by trillions. The Senate suspended him instead of opening a thorough probe.
Why it matters: It revealed how legislative oversight can be compromised by internal politics and loyalty to the Executive, weakening the watchdog role of the National Assembly.
Case Study 3: Executive Order 10
What happened: In 2022, the Supreme Court voided EO10, which had sought to force state governments to give financial autonomy to their legislatures and judiciaries.
Why it matters: Even when an order seems reformist, it must respect constitutional limits. The ruling reaffirmed that no arm of government—no matter how powerful—can act outside the Constitution.
Where the System Falters
For all these shining moments of accountability, Nigeria’s checks and balances remain fragile. The Executive often looms large, with legislatures—especially at the state level—too easily bent to the will of governors. Judicial independence, though guarded by the NJC, is still vulnerable where funding is controlled by political actors.
Party dominance blurs institutional lines. When the ruling party controls both the Executive and the Legislature, oversight can melt into mere endorsement. Separation of powers becomes separation on paper, but not always in practice.
Why It Matters
The health of Nigeria’s democracy depends on this tripod standing firm. If lawmakers do not ask tough questions, budgets become blank cheques. If judges cannot speak without fear, the Constitution becomes a suggestion. If executives are not restrained, they become monarchs by another name. If the media look away, the power of the media becomes weaker per day and if the citizens and relevant institutions remain mute, then anarchy becomes reality.
The Present Evaluation
Nigeria’s separation of powers is functioning, but uneven. The Judiciary has shown flashes of independence in the local government and EO10 rulings. The Legislature still flexes oversight muscle—though often blunted by party politics. The Executive, as ever, holds the strongest hand, but its dominance is not unchecked.
The challenge ahead is less about rewriting the Constitution and more about enforcing its spirit. It requires lawmakers who prize their independence, judges who value courage over convenience, and executives who accept limits on their power.
In the end, separation of powers is not just a legal doctrine—it is the daily test of whether Nigeria is governed by constitution, institutions or by individuals. On that test, the country scores a cautious pass. But the real exam is still ongoing.
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