Separation of Power – SS2 Citizenship & Heritage Studies Lesson Note (First Term)

Separation of powers is the division of government work among three branches: the Executive, the Legislature and the Judiciary. The Legislature makes laws, the Executive carries them out, and the Judiciary interprets them. Dividing power stops one person from holding all of it and misusing it against citizens.

Behavioural objectives

By the end of the lesson, students should be able to:

• explain why power is not given to one person;
• name the three branches of government and state the main job of each;
• state the reasons for separating powers, as argued by Baron de Montesquieu;
• describe how the branches check each other;
• explain why the separation of powers in Nigeria is not complete.

Why is power not given to one person?

Imagine if your school principal was also the teacher, the exam marker, the disciplinary master, and the person who decides if the school rules are fair. If he hated you, you would be in big trouble. There would be no one to report him to.

To avoid this in a country, we use Separation of Powers. This means we divide the government’s work into three different groups, like the three legs of a stool. These are the Executive, the Legislature and the Judiciary.

What does each branch of government do?

1. The Legislature (the law makers)

In Nigeria, this is the National Assembly (the Senate and the House of Reps).

• Their job: They sit down to discuss the problems of the country and write “Bills” which become laws.
• Key power: They control the “purse” (the budget). The President cannot spend Nigeria’s money unless these people say “yes”.

2. The Executive (the doers)

This is the President, the Vice President, Ministers and the Civil Service.

• Their job: They carry out the laws. If the Legislature makes a law saying “no one should drive without a licence”, it is the Executive’s job to send the Police or FRSC to the road to enforce it.
• Key power: They manage the day-to-day running of the country.

3. The Judiciary (the interpreters and judges)

This refers to the Supreme Court, Court of Appeal and other High Courts.

• Their job: They interpret the law. If two people are arguing about what the Constitution says, the Judges decide who is right.
• Key power: They punish those who break the law, even if that person is a politician.

Summary of the three branches

Why are the powers separated?

The famous man who brought up this idea was a French thinker named Baron de Montesquieu. He argued that:

1. To prevent tyranny: If one person makes the law and also executes it, they can make “wicked” laws just to punish their enemies.
2. To protect liberty: It keeps the citizens free.
3. Efficiency: It is easier when everyone has a specific job to do rather than one person trying to do everything.

What are checks and balances?

Separating the powers is not enough. We also give each branch the power to “check” (watch or stop) the other branches. This is called Checks and Balances.

It is like a game of “Rock, Paper, Scissors”: each one can beat or be beaten by another.

How they check each other:

• The Legislature checks the Executive: If the President does something very wrong, the National Assembly can impeach (remove) him.
• The Executive checks the Legislature: When the Legislature passes a bill, the President must sign it (Assent) before it becomes law. He can say “no” (Veto).
• The Judiciary checks both: If the President or the National Assembly passes a law that goes against the Constitution, the Court can declare it “Null and Void” (useless).

Is power perfectly separated in Nigeria?

In real life, these three branches still work together. We call this Fusion of Power or Overlapping.

• The President appoints the Judges (Executive touching Judiciary).
• The Senate must confirm the President’s Ministers (Legislature touching Executive).

Without some cooperation, the government would just be fighting all day and nothing would get done.

Evaluation

1. What is separation of powers?
2. Name the three branches of government and state one job of each.
3. Give two reasons why Baron de Montesquieu supported separation of powers.
4. Explain how the Judiciary checks the Executive and the Legislature.
5. Give one example of overlapping of powers in Nigeria.

Assignment

Imagine a country where the President is also the Chief Judge. Write five sentences on what you think would happen to a common citizen who disagrees with the President.