REVIEW ARTICLE 78 OF THE 1992 CONSTITUTION
The concept of the theory of separation of powers is to check the growth of absolute power in the hands of an individual or a group of individuals. History has shown that with absolute power concentrated in the hands of a few, there is a tendency of the few to use the power against the rights and liberties of individuals. The concept is therefore meant to achieve effective control of the governmental machinery by those who govern. John Locke in his book “The Second Treatise on Civil Government” stated that, “the three arms of government must not get into one hand for it may be too great a danger for the same persons to have the power of making laws and executing them at the same time. Whereby they may exempt themselves from obedience of the law they make and suit the law both in its making and execution in their own interest.” Wade and Phillips sort out the issue of separation of powers by saying that the same persons should not form part of more than one arm of government. They made i...