Abstract

Unconstitutional change of government currently witnessed in some parts of Africa is no doubt a response to failing democracies as it is being practiced in these countries. There is a growing dissatisfaction among the citizens with the way the government is being run – executive recklessness, corruption and oppression of the masses by the elites and those in power.  However, one of the pillars of democracy is the doctrine of Separation of Powers. The crux of this doctrine is to divide government responsibilities among the different branches in such a way as not to permit any one branch from exercising the core functions of other. The essence of this is to prevent the concentration of power on one branch and each branch of government acting as checks and balances on the other. This is where the legislature plays an important role in checkmating the excesses of the executive arm and restore public confidence in government as in developed democracies. Unfortunately, we have not seen much of this in African democracies. Rather than the legislature playing its constitutional role of law making and oversight functions over the executive and judiciary can make public institutions and officers and thus making them accountable for their actions, reverse is the case. We see a legislature that is a tool in the hands of the executive to rubber stamp their corruption and silence perceived opposition. In this paper, we shall examine the role of the legislature in ensuring good governance and stable constitutional government in Africa.