nefarious concept of executive profligacy

Abstract

In conformity with the time-honoured principle of separation of powers, the three major arms of government viz. the Legislature, the Executive and the Judicature are assigned specific roles and powers of law making; law implementation or day-to-day administration; arid interpretation of laws so made, coupled with punishment of offenders according to law, respectively. However, absolute separation of powers is a theoretical concept because in view of the complexities of modern administration, what we have in practice is fusion of powers, along with checks and balances to ensure that no one arm of government acts in arbitrary, arrogant or tyrannical manner. This is further demonstrated under Delegated Legislation, and due process, whereby the legislature delegates some of its powers of law making to the Executive arm .of Government. It is however observed that despite the salutary reasons which constitute the philosophical foundation of delegated legislation, and due process there are sporadic but .numerous complaints by members of the public about abuses of power and excess of authority by some arrogant and over- zealous members of the executive in course of their exercise of delegated powers. This is the nefarious concept of executive profligacy which this study set out to redress. Our methodological approach was a combination of the investigative, analytical and case study methods of legal research. After the general introduction at Chapter One, we undertook a review of literature in Chapter Two wherein there was a theoretical exploration into the concepts of delegated legislation due process and executive profligacy, their rationale and typologies; whereas Chapter ,Three examined the nexus between them and various instances and manifestations of executive lawlessness. In Chapters Four and Five, we examined mechanisms for control of 'deleg'ated legislation and checks on executive profligacy respectively, including legislative control, judicial review, public opinion and mass media checks. Our case study was an appraisal of the Public Complaints Commission as a measure by government to curb executive lawlessness; but which was 'bedevilled ' with myriads of legal constraints and administrative bottlenecks. Finally, some recommendations were made at Chapter Six towards ameliorating the deleterious incidents and effects of executive lawlessness; chief among which were some legal reforms and institution of a specialised administrative court in Nigeria The advocated special court is a distinct version of the French Oriot Administratif, the objective of which is to expedite trial of reported cases of executive profligacy and non observance of due process; thus minimizing their quantum and frequency of occurrence.