THE RELATIONSHIP BETWEEN THE THREE ARMS OF GOVERNMENT AND FEDERALISM IN NIGERIA

Abstract

The 1999 Constitution provides for what may be considered as basic and rather comprehensive legal framework for true federalism. This Constitution has improved based on the 1979 Constitution in seeking to promoting federalism both in its formulation and as a tool for achieving the much needed unity in diversity. The aim of this paper is to examine the relationship between the three arms of government and federalism in Nigeria. To achieve this, the paper adopted the doctrinal methodology otherwise known as theoretical consisting of consultation of statutory legislation, case laws, books, journal, conference papers as well as internet materials both in printed form and electronic means. The findings of the paper revel that the doctrine of separation of powers, federalism and principles of check and balance are not strictly adhered to, because the separation of powers between the legislature, executive and the judiciary which is based on the principle of federalism advocates, while working together none should either exercise the power of the other arm nor control it and the check and balance should be within the ambit of law is not tenable in Nigeria. The 1999 Constitution does not advocate for total separation of powers necessary for the maintenance of each arm of government within the ambit of it powers. As a result of that, there are a lot of interference by one arm of government against the other which undermine the smooth running of the government. In view of this, the paper recommends that though absolute separation of powers is not possible, the interference by one arm of government over another should be in the best interest of the nation and its people and not based on individual, group or political interest.