International Journal of Business & Law Research 3(1):71-80, Jan-Mar 2015 (ISSN: 2360-8986)



© SEAHI PUBLICATIONS, 2015 www.seahipaj.org

THE LEGISLATIVE-EXECUTIVE RELATIONS IN NIGERIA’S PRESIDENTIAL DEMOCRACY


Angela E. OBIDIMMA B.A, LL.B, B.L., LL.M., PhD*
Faculty of Law, NnamdiAzikiwe University, Awka, Nigeria
Email: angyobi2005@yahoo.com

Emmanuel O.C. OBIDIMMA B.A, LL.B, B.L., LL.M., PhD*
Faculty of Law, NnamdiAzikiwe University, Awka, Nigeria
Email: eocobidimma@gmail.com

ABSTRACT
The doctrine of separation of powers, an essential prerequisite of a presidential democracy, provides for a division of powers of government into three distinct arms; the legislature, the executive and the judiciary. The importance of this division cannot be over emphasized for it is only by separating the function of execution from that of law-making, by insisting that every executive action must have the authority of some law, and by prescribing a different procedure for law-making, can the arbitrariness of executive action be effectively checked. Yet the doctrine advocates for a certain level of over lapping which also cannot be removed if there has to be an effective government. By the nature of the functions of the legislature and the executive, it is important that in this division and sharing of powers as well as the necessary checks and balances put into the system, the two arms of government must work hand in hand to achieve good governance which is the whole essence of the doctrine. The legislative power is the source of much and indeed the preponderant portion of the power exercised by the executive, therefore without the necessary co-operation between the two arms of government, there may not be effective governance.
Key Words: legislature, power, presidential democracy, constitution, Nigeria