The term “trias politica” or “separation of powers” was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.
His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Constitution of our great nation, Nigeria.
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Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
The intent of which is to prevent the concentration of power and provide for checks and balances.
The entire gamut of separation of powers is primarily to avoid an absolute government of dictatorship where there is excess power concentrated in the head of government or any arm at all.
It, therefore, goes without saying, that the Legislative arm in this country has failed the citizenry and continuously betrays the oath of office it swore to uphold.
Our Nation has in the last couple of weeks witnessed a mass action by Nigerian citizens, mostly the youth, against the Special Anti-Robbery Squad (SARS) of the Nigeria Police Force.
It is of serious concern that the Nigerian government and the Police responded to the protest through further acts of police brutality that resulted in the loss of lives of protesters, unlawful detention of protesters and disruption of peaceful protests.
The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for various fundamental rights, including the rights to life, human dignity, personal liberty, privacy, freedom of expression and the press, freedom of assembly, and association.
It is, however, clear that the Executive arm of government has lost all sense of responsibility and thrown caution to the wind. In a further annihilation of the rights of protesters, the Executive arm has proceeded to arbitrarily arrest certain protesters, block their bank accounts and deny them travel outside the country.
It is in light of the foregoing that I feel very concerned, as a citizen, a Lawyer, a youth and a staunch advocate for efficient democracy in Nigeria, to implore the legislative arm to perform its constitutional functions of checking the excesses of the Executive arm in its stride to suppress the rights of the people.
Otherwise, we run the risk of further unrest in this country whereby the center will no longer hold, the falcon will not hear the falconer, and the best lack all conviction, while the worst are full of passionate intensity. A situation where the celebration of innocence is drowned.
I, therefore, call upon our distinguished and honourable legislators to wage into the dire situation we find ourselves in this country.
God bless the Federal Republic of Nigeria.
Barr. Aida Nath Ogwuche, writes from Ogbadibo, Benue State.
