A review of the political question doctrine in judicial proceedings in Nigeria

Abstract

The courts are typically viewed as the apolitical arm of government. It is therefore axiomatic in any system of constitutional government built on the doctrine of separation of powers that political questions-issues are resolved by political branches of government and not by the courts. And indeed, the courts have used the political question doctrine to demarcate the political from the judicial domain and judicial responsibility from that of the legislature or the executive. This paper evaluates the scope of application of the political question doctrine in Nigeria and advocates for compliance with the provisions of the Constitution by the legislature to keep the courts away from assuming jurisdiction over performance of legislative functions and conduct of legislative affairs.