An Analysis of the Historical and Theoretical Basis of Executive Powers Under the Nigerian and British Constitutions

U E Okolocha; Uche Daniel Nwoko

doi:10.56201/JLGP.vol.10.no2.2025.pg97.121

📄 Download Paper

An Analysis of the Historical and Theoretical Basis of Executive Powers Under the Nigerian and British Constitutions

U E Okolocha, and Uche Daniel Nwoko

Abstract

The exercise of executive powers has long dominated political discourse, tracing back to the evolution of organised societies. Across various systems of government, states have consistently grappled with the legality, legitimacy, and boundaries of executive authority, giving rise to foundational doctrines such as the separation of powers, the rule of law, and checks and balances in modern democratic governance. Nigeria currently operates a presidential system characterised by a constitutional separation of powers between the executive, legislative, and judicial arms. Nevertheless, concerns persist regarding the overreach of executive authority, often manifesting in what many describe as executive recklessness. In contrast, the United Kingdom practices the Westminster parliamentary model, which is marked by a fusion of powers between the executive and legislature. Executive functions are discharged by the Prime Minister and Cabinet—who are themselves members of Parliament, creating blurred lines between law-making and execution. This structural fusion often enables a concentration of executive influence, with its extent largely shaped by the political dominance or assertiveness of the individual Prime Minister. This study undertook an analysis of the foundations and theoretical basis of executive powers in both Nigeria and the United Kingdom, focusing on their constitutional, statutory, political, and systemic mechanisms. Employing the doctrinal research methodology, the study relied on primary sources such as national constitutions and statutes, and secondary sources including textbooks, journal articles, and credible online materials. Findings showed that even under the presidential system where there is clear boundaries for executive authority, there are frequent instances of boundary- crossing—some constitutionally provided, while others are politically engineered. The study further observed that in both jurisdictions, exist

Keywords

Executive powersconstitutionalismseparation of powerschecks and balances

References

BOOKS Adamolekun L., Politics and Administration in Nigeria (Spectrum Books, 1993). Black, H. C., Black’s Law Dictionary (St. Paul, Minn: West Publishing Co.). Dicey, A. V., Introduction to the Study of the Law of the Constitution, ed. Roger E. Michener (Indianapolis: Liberty Fund, 1982). Locke, John, Two Treatises of Government (C. and J. Rivington, 1824). Marshall, J., 'Whig Thought and the Revolution of 1688–91' in T. Harris & S. Taylor (eds), The Final Crisis of the Stuart Monarchy (Boydell & Brewer, 2013). Montesquieu, B., The Spirit of Laws (De l'esprit des loix), 1st edn 1748, 2 vols. Oyediran, O., Introduction to Political Science (2007). Pettit, Philip, 'Political Representation' in I. Shapiro et al (eds), Varieties of Public Representation (Cambridge University Press, 2010). Vile, M. J., The Separation of Powers in J. P. Greene & J. R. Pole (eds), A Companion to the American Revolution (John Wiley & Sons, 1967). Wheare, K. C., Modern Constitution, 2nd edn (Oxford Printing Press, 1996). JOURNAL ARTICLES Chidiebere, I., Ahmad, Z. B., and Jawan, J. A., 'Factors Influencing the Executive and Legislative Conflict in Nigeria Political Development' (2016) 21(8) IOSR Journal of Humanities and Social Science https://www.iosrjournals.org/iosr- jhss/papers/Vol.%2021%20Issue8/Version-7/C2108072025.pdf accessed 25 April 2025. Fasan, O., 'Abuse of Executive Orders: Nigeria is being run like a Dictatorship' Vanguard (Lagos, 9 July 2020) https://www.vanguardngr.com/2020/07/abuse-of-executive-orders-nigeria-is- being-run-like-a-dictatorship/amp/ accessed 25 April 2025. Ibeto, I. and Anazodo, C. J., 'Managing Executive-Legislative Working Relationship for Good Governance and Service Delivery in Nigeria' (2015) 4(8) Review of Public Administration and Management Journal, 13–24 <www.arabianjbmr.com/pdfs/RPAM_VOL_4_8/2.pdf> accessed 30 September 2022. Krause, Sharon, 'The Spirit of Separate Powers in Montesquieu' (2000) 62(1) The Review of Politics, 231–265 https://www.jstor.org/stable/1408037. Mrabure, K. O. and Awhefeada, U. V., 'Onnoghen’s CJN Conundrum, Exercise of the Executive Powers of the President and the Practice of Separation of Powers in Nigeria' (2020) 46(3) Commonwealth Law Bulletin https://doi.org/10.1080/03030718.2020.1756878 accessed 23 April 2025. Muktar Mohammed, Ph.D: “Judicial Activism and a Developing Legislature in Nigeria”- Tuma Law Review - a journal of the Faculty of Law, Tumaini University Makumira (TUMALR) Tanzania. (May, 2013). Vol. 2 no. Ogoloma, F., 'The Theory of Separation of Powers in Nigeria: An Assessment' (2012) 6(3) African Research Review http://dx.doi.org/10.4314/afrrev.v6i3.9 accessed 23 April 2025. Uwakwe, Fidelis, 'Separation of Powers: Panacea for Good Governance in Nigeria' (2019) 10(1) NAUJILJ https://www.ajol.info/index.php/naujilj/article/download/183741/173098 accessed 25 April 2025. ONLINE SOURCES Britannica, The Editors of Encyclopaedia, 'Separation of Powers' Encyclopedia Britannica (23 Aug. 2024) https://www.britannica.com/topic/separation-of-powers accessed 30 May 2025.Editorial, 'Unpardonable presidential pardon' The Guardian (Lagos, 9 May 2022) https://guardian.ng/opinion/editorial/unpardonable-presidential-pardon/ accessed 9 May The Election Act 2022 https://www.legislation.gov.uk/ukpga/2022/37/introduction/enacted/ accessed 15 April 2025.

An Analysis of the Historical and Theoretical Basis of Executive Powers Under the Nigerian and British Constitutions

Abstract

Keywords

References

More Articles from JOURNAL OF LAW AND GLOBAL POLICY