THE IMPLICATION OF EXECUTIVE ORDERS ON SEPARATION OF POWERS: A REVIEW OF THE JUDGMENT IN AG ABIA STATE & ORS V. AGF (2022) LCN/4988(SC)*⃰

Abstract

The power to make laws to regulate the affairs of the nation is constitutionally given to the legislature in section 4 of the Constitution. However, some instances call for the need of the President to give out some orders for the maintenance and execution of the Constitution and other pieces of legislation. Making these orders usually calls for some subtle form of making laws without the legislature's input. Therefore, this paper aims to examine the nature and effect of Executive Orders on the Concept of Separation of Powers. The core objectives of the paper are to examine the nature and effect of Executive orders on the legislature’s inherent powers to make laws, to review the case of AG Abia State and ors v AGF in which the Supreme Court gave ample explanation as to the extent of powers granted to the Executive in section 5 of the Constitution. The paper adopts the doctrinal methodology and relies on primary and secondary source materials that have been referenced. The paper finds that the use of Executive Orders in itself is not necessarily bad, however, where the executive makes orders that overreach its powers, then the legislature and the judiciary can intervene and, in extreme cases, declare the order unconstitutional. The paper therefore recommends an alteration of the Constitution to properly define the extent of executive orders and a proper orientation on the use, effects, and implications of executive orders be provided for the executive