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All Journal Sriwijaya Law Review Journal of Indonesian Constitutional Law
Oreoluwa Omotayo Oduniyi
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Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas Olusola Babatunde Adegbite; Oreoluwa Omotayo Oduniyi; Jubril Akinwunmi Farinde
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.281.pp235-252

Abstract

At the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. As a result, it seems to be that the concept of "separation" is not going well and tends to fuse the function of executive and legislative institutions. In this situation, the principle is in a dilemma. This paper further offers a flicker of hope by pointing to the fact that all hopes do not appear lost, as the Judiciary still maintains some level of ‘separateness,' except that only time will tell as to how much this lasts.
Fundamental Objectives and Directive Principles of State Policy in the Nigerian Constitution: Re-Examining the Non-Justiciability of Socio-Economic Rights Babafemi Odunsi; Ogbole Ogancha O; Oreoluwa Omotayo Oduniyi
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.191

Abstract

This study examines the projections and weaknesses in realising the socio-economic rights enshrined in Chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended). It also elaborates on the main objectives and directives of the state policy. This study explicitly examines each objective and directive principle, as well as how they are designed to improve the quality of governance based on social and economic rights. This study uses a doctrinal legal method with a conceptual, statute, and case law approach. A key finding of this study is that these constitutional provisions, although not legally enforceable, can be applied under clear and defined parameters. These important limitations are explained in detail in the 1999 Constitution. This is mainly due to current efforts in other jurisdictions with similar provisions that support the enforcement and applicability of such constitutional provisions to strengthen and promote socio-economic rights. This study also identifies challenges that hinder the enforcement of Chapter II of the Constitution, mainly related to efforts to realise social and economic rights in the administration of government in Nigeria. This study concludes by providing reasonable recommendations to make this constitutional objective enforceable in court and achievable, as applied in other jurisdictions. Thus, the contribution of this study is how the government, through its legal institutions, can guarantee the enforcement of social and economic rights for every citizen in Nigeria. 
Co-Authors Babafemi Odunsi Jubril Akinwunmi Farinde Ogbole Ogancha O Olusola Babatunde Adegbite