The hallmark of every democracy is the right of the people to have a say in their governance – to exercise their sovereignty.
This is why it is often said that “sovereignty resides in the people.”
This sovereignty is exercised in different ways:
- Sometimes directly through direct democracy, or
- More commonly through representative democracy, where people choose their government representatives through elections.
To protect this sovereignty, democracy has different fail-safes employed to prevent the rise of tyranny and to make sure power remains with the people.
One such fail-safe is the concept of separation of powers.
It ensures that there is a distribution of power among the various arms of government such that one arm doesn’t get too powerful as that poses a threat to democracy and could devolve into a dictatorship.
A great example is the appointment of the Chief Justice of Nigeria.
How Is the Chief Justice of Nigeria Appointed?
In the Nigerian constitution, section 231(1), the Chief Justice of Nigeria is appointed by the President on the recommendation of the National Judicial Council and is subject to confirmation by the Senate.
The practice of the judiciary is that the most senior justice of the Supreme Court has their name forwarded by the NJC to the President to serve as the Chief Justice of Nigeria.
Why is the process like this?
The process of appointing the Chief Justice of Nigeria (CJN) is structured to safeguard judicial independence by preventing undue influence from the executive branch.
The National Judicial Council (NJC) nominates candidates, not the President.
Although the Constitution uses the term “recommendation,” the President cannot reject the NJC’s choice.
Doing so would undermine the principle of separation of powers.
Furthermore, the final decision rests with the Senate, which has the authority to confirm the appointment.
Conclusion
The principle of separation of powers is essential to democracy as it protects our institutions from being transformed into tools of repression.
This is especially important concerning the judiciary, which is often seen as the last hope of the common man.
These processes serve to protect our freedoms and rights.