Abstract

ABSTRACT There are many fundamental principles which are very germane to the understanding and workings of the Constitution of any country. The principle of separation of powers as enshrined in various Constitutions of all nations worldwide regardless of the type of democratic system of governance they are practicing is no doubt a veritable tool to achieve a sustainable, prosperous and enduring representative government .The principle of separation of powers concerns the relationship of the organs or elements of government 'interse, that is, ‘interse’ between themselves. This principle is known and argued to be basic and fundamental to democracy and an instrument to prevent the representative of the people from 'snowballing' into dictatorship and being tyrannical. The main theme of the doctrine rests on the basis that the trio element organs of government, divided into three bodies, i.e. legislative, executive and judiciary, be separated and independent of one another. This systematic separation of structure hence provides a system of checks and balances which is difficult to assert in a political system where, in effect, all governmental powers are in the custody of one authority. There were many philosophers who advocated for this concept but the most unique impact was made by the French political philosopher, Borron-de Montesquieu, who was regarded as a great advocate of the separation of powers and he concluded his observation that "to the separation of powers of government, the English people owed their liberty . This concept had in no small measure, helped the growth and sustainability of modern democracy. A separate procedure for law-making, different from that for execution (and interpretation) has important value in ensuring regularity in the administration of government and in checking arbitrariness. Misuse of power, curbing whims and caprices of politicians and forestall people's rights and liberty .