Separation of powers is a distinct constitutional principle of the democratic government in Nigeria for the three arms of government as a separated institutions to stay in their assigned tracks and lane to avoid arbitrary excess, abusive and excessive exercise of power by any of the arms. The ideal is that the legislature makes the law; the executive executes the law, while the judiciary interprets the law. This article examines and x-ray the doctrine of separation of powers basically between the executive and the legislative arm of government in Nigeria and the pugnacious interference of the executive in the legislative affairs and how the interference militate and milds the legislative powers to checkmate the exercise of powers by the executive and bring the executive arm within the constitutional ambit for accountability, effective leadership delivery and upholding democratic tenets in conformity with the Constitution.

CONSTITUTIONAL SEPARATION

Section 4 and Section 5 respectively of the Constitution 1991 as amended establishes the executive and legislative arm of government with a specified areas of powers and functions exercisable by them. Though separate, they are expected to work together for good governance. However, one of the controlling valves that guard their interdependence and relations is non-interference in the affairs of each other. However, in recent times, there have been interference of the president or governor in the legislative choice of principal officers in legislative house, the act of the executive making choice of principal officers of the legislature impinge and undermine the legislative competent and independent to carry out a robust oversight function on the activities of the executive arm. The domination and interference of the executive in the legislative affairs has hampered the fulfilment of their duties for the delivery of the dividends of democracy to the citizens through effective legislation and oversight function to bring the acts of the executive within purview of the constitution from whence its powers and authorities to act are graphical annotated, the legislative arm of government in Nigeria have been subjected to enduring servitude of the executive armthereby making their relevancy and usefulness questionable in this democratic dispensable as they have failed to hold the executive accountable and ensure that the action and inaction of the executive is within the detect and constitution stipulations.

The executive arm in all levels of government in the Nigerian political space controls their party and then use it as an instrument to interfere in the affairs of the legislature, especially In the choice of principal officers which in turn suffocate the free will of the legislature to scrutinise and question some draconian policy of the executive and the ineffectiveness of the legislature to manage it own affairs by electing its principal members without the interference of the executive has further undermine and impede the development strata of Nigeria since the executives action are lately questionable and peaceable by the legislature for fear of witch-hunt and victimisation. Separation of powers between these two arms is not a question of mere convenience, nor is it an accident of political history, but a deliberate regulatory step to prevent tyranny, separating the power of government, conferring them on different arms and making each arm of government to act as a check and balance on the other, where this checks and balance is completely lacking amongst the arms of government, corruption and embezzlement of public funds becomes traditionally crystallised as a norm and therefore militate growth and development. The interference of the executive in the choice of the principal officers at the national and sub-national level bred an imbalance of power and unhelpful to the impeccable delivery of the dividends of democracy. The president in a presidential democracy is the head of the executive arm of government; the senate president or the Speaker is the head of the legislature, this is to engender balance of power and derive the maximum dividends of democracy that was envisaged for economic prosperity of the Nation.

CONCLUSION

The by-product of the executive interference in the legislative affairs, the remote and Immediate fallout of this unfortunate meddling is that the legislature cannot adequately serve as a potent arm of government for an effective check and balancing of power within the state political corridor. These of arms of government by their very nature are to work together to enable the populace harness and enjoy the dividends of democracy and by this fact each of them stands distinct and separate from the other but in terms of personnel and dominant functions none of the arms of government exercises its power to the exclusion of the other organs, there is a synergy amongst them but not interference in the conduct of its owns affairs.

RECOMMENDEDATION

There should be a total overhauling of the constitution to input graphically the independence of the legislature.

Competent and selfless candidate without any corruption records should be elected as principal and members of the legislative house.