Separation of Powers – JSS3 Social & Citizenship Studies Lesson Note (First Term)

Separation of powers is the division of government work among three arms, the Legislature, the Executive and the Judiciary, so that no one person or group holds all the power.

Behavioural objectives

1. Define separation of powers and checks and balances.
2. Name the three arms of government and state the function of each.
3. Give examples of how one arm checks another in Nigeria.
4. State four reasons why separation of powers is important.
5. Explain what a veto is and how it can be overridden.

What is separation of powers?

Separation of powers is the sharing of law-making, law-enforcing and law-interpreting duties among different bodies.

• Aim: to stop one person from making the rules, carrying them out and judging offenders alone.
• Everyday example: a football match is fair because the referee, the coach and the players have different roles.
• Danger of no separation: one person with all power may become a dictator.
• Origin of the idea: popularised by the French thinker Baron de Montesquieu.

What are the three arms of government?

The three arms of government are the Legislature, the Executive and the Judiciary.

The Legislature

• Main job: makes the laws.
• Federal level: the National Assembly, made up of the Senate and the House of Representatives.
• State level: the State House of Assembly.

The Executive

• Main job: carries out (implements) the laws and runs the daily work of government.
• Who: the President, Governors, Ministers and Commissioners.
• Helpers: the civil service, the police and other agencies.

The Judiciary

• Main job: interprets the laws and settles disputes in court.
• Who: judges and magistrates.
• Examples of courts: the Supreme Court, the Court of Appeal and the High Courts.

What are checks and balances?

Checks and balances is a system in which each arm of government can limit the powers of the other arms.

• Separation of powers: divides the work among the arms.
• Checks and balances: lets the arms watch and restrain one another.
• Result: government stays balanced and follows the Constitution.

How does each arm check the others in Nigeria?

Each arm has specific powers that limit the other two arms.

How the Legislature checks the Executive

• Budget: the National Assembly must approve government spending.
• Investigation: lawmakers can investigate the work of the Executive.
• Confirmation: the Senate confirms ministers and some other appointments.
• Impeachment: the Legislature can remove a President or Governor for gross misconduct, following the process set by the Constitution.

How the Executive checks the Legislature and Judiciary

• Veto: the President can refuse to sign a bill passed by the National Assembly.
• Appointing judges: the President appoints judges on the recommendation of the National Judicial Council, and the Senate confirms some of them.
• Pardon: the President can pardon a person sentenced by a court, acting on advice.

How the Judiciary checks the Legislature and Executive

• Over the Legislature: judges can declare a law that breaks the Constitution “null and void” (invalid).
• Over the Executive: courts can rule that an action of the Executive is unlawful.
• Protecting citizens: a person wrongly arrested can go to court for justice.

Summary table of functions and checks

Why is separation of powers important?

Separation of powers is important because it prevents abuse of power and protects citizens.

• Prevents tyranny: power is shared, so no leader can act like a “small god” over citizens.
• Protects human rights: independent courts can defend citizens when the Executive acts wrongly.
• Promotes efficiency: each arm has its own job, like the Principal, teachers and prefects in a school.
• Promotes the rule of law: the law is supreme, and leaders must obey it like everyone else.
• Keeps leaders accountable: leaders know other arms are watching them.

How does separation of powers work in Nigeria?

Nigeria practises the Presidential System, in which the three arms are separate but must still cooperate.

• Federal level: the President leads the Executive, and the National Assembly makes laws.
• State level: the Governor leads the Executive, and the House of Assembly makes laws.
• Overlap: the arms share some duties, for example the President signs bills into law.
• Cooperation: government cannot move forward if the arms refuse to work together.

What is a veto and how can it be overridden?

A veto is the President’s refusal to sign a bill passed by the National Assembly.

1. The National Assembly passes a bill.
2. The bill goes to the President for signature (assent).
3. The President signs it, and it becomes law.
4. If the President refuses to sign, it is a veto.
5. The National Assembly can override the veto by a two-thirds vote in each House.
6. The bill then becomes law without the President’s signature.

Evaluation

1. Define separation of powers in your own words.
2. State the main difference between the Legislature and the Executive.
3. Explain how the Judiciary acts as a check on the other two arms.
4. What is a veto, and how can the National Assembly override it?
5. Why are checks and balances important for protecting the rights of a student?

Assignment

Draw a table with the three arms of government. For each arm, write its main function, who belongs to it, and two checks it has on the other arms.