ABSTRACT

Checks and balances are very important in the operational

dimensions of modern government.

It is the idea that in the

distribution and exercise of powers of government, control

mechanism must be used as a check against abuse of power, no
organ of government should possess an undisputed power of its
own and that each of the three organs while mutually separate
must be watchdog other of organ. Thus, the executive in some
cases are empowered to veto legislation or to dissolve the
legislature, and the legislature to impeach the chief executive, to
approve

the

appointment

of

certain

top

local

government

functionaries, to criticize and censor the executive or any member

of it or as a final weapon, to bring down the government. This
paper seek to examine the role of legislative and executive arms of
government in local government administration in Nigeria, how
they function as a control to each other for the successful
implementation and execution of projects and policies of local
government

councils

under

the

presidential

system

as

is

operational in Nigeria today. This paper aim to establish that, the

check and balance between the legislature and executive arms of
government, is aimed at promoting effective or good governance
at the grassroots.
INTRODUCTION
The principle of checks and balances is corollary to the doctrine of
separation of powers. The idea of separation of powers appears to

have been derived from the problems of relations between society,

man, state and leadership.

The relations between the state,

society and government should be founded upon the extent to

which the state orders its structures and institution, through good
governance to achieve a better society for the governed. A better
society should enjoy the benefits of freedom, equality, justice and
modernity.

To actualize the fruits of good governance and

guarantee greater freedom for man, it is important that all the

encumbrances to humanity dignity are done away with; one of
such encumbrances is founded upon concentration of powers of
the state in the hands of one man or one organ, Chikendu
(2002:278).
If the powers of government are separate, it will be possible for one
to check the other to ensure constitutional limits of rights, duties
and privileges of each power not to exceed its bound. Checks and
balances

applications

enables

one

arm

of

government

to

effectively monitor and check the activities of other arms of

government, ensuring that each arm of government performs its
constitutional role without infringement on the authority of the
other. If one branch checks or serves as a watchdog over the
activities of the other and also seeks to exercise its constitutionally
provided rights and duties it will be quite possible to obtain a
regime of law and order. There will also be a balancing of role and
the removal of areas of conflict, distrust and dispute. Checks and
balances

therefore

restrain

the

dominance

of

one

arm

of

government and ensure that no single arm can claim absolute

exercise of powers without recourse to the co-operation of others,
Udokang (2006:38).
CONCEPTUAL CLARIFICATION:
CHECKS AND BALANCES:
The principles of checks and balances are applied not only at the
central level of governmental organization but also down the other
tiers of government especially in a presidential system. The idea of
checks and balances assigned primarily that any organ, subject to
power limited, interfered by another organ is allowed to ensure
that each organ keeps within its delimited functions. Checks and
balances is an essential ingredient of democratic governments,
whether in a parliamentary or presidential systems. In the local
government system in Nigeria, the executive arm which is the
Chairman of local government, vice chairman, supervisors and
secretary, and the legislative arm of local government made up of
the leader of local government council, the Deputy leader and
Councilors should be separated. Power is like an alcohol, over-dose
intoxicates and anybody could be a victim. According to Appadorai
(1975:516)
when the legislative and executive powers are united in the
same person or in the somebody of magistrates, there can be no
such liberty; because apprehension may arise, lest the same
monarch or senate should enact tyrannical laws, to executive them
in

tyrannical

manner

Montesquel noted that there is no liberty if the power to interpret

law is not separated from the power to make and execute it. He
argued further that if the three power were to be joined without
separation, such exercise would subject the citizen to arbitrary
control because the judge were now be a legislator and were it
joined to the executive power, the judge might behave with
violence and oppression.
In order to prevent abuse, it is necessary that one power should be
a check on another. This is because, when the legislative and
executive powers are united in the same person or body there can
be no liberty. What this implies is that neither the legislature,
executive nor the judiciary should exercise the whole or part of
another's powers, however, it does not exclude influence or control
by

one

over

the

acts

of

another.

Ugwu

(2000:160).

Merits of checks and balances system

(1)

Each organ of government becomes more alert and

conscious of its functions and powers.

(2)

It is flexible and accommodating.

(3)

It makes for effectiveness and efficiency.

(4)

Enhances stability of government.

(5)

Check and balances enhances democracy and ensure

freedom;

(6)

Ensure adequate control of exercise power abuse.

(7)

It makes each organ and its operators to stick to their

constitutional responsibilities.

(8)

It can help to identify errors or failures when the need

arises.

(9)

It diffuses power to secure liberty, justice and fair play.

In Nigeria, the constitutional provisions have been made to ensure

that the principle of separation of powers is equally recognized at
the local government levels.
The State House of Assembly is empowered by constitution to
make laws for operation of local governments. Examination of local
government laws made by most of the state, indicate an elaborate
provision for the doctrine as is obtainable in all presidential system.
In the local government system as operated in Nigeria, only the
legislature and executive arms of government are prominent in the
local government the presence of the customary courts but are
under the control of the state Government.
The executive organ comprises of the chairman, vice-chairman,
secretary, Head of personnel management, treasurer, internal
auditors, senior and special assistants, supervisory councilors, and
career civil servants. The legislature is made up of the elected
councilors.