Constitutional Limitations on Executive Lawmaking Powers in Nigeria: A Case Study of Executive Orders Under the Buhari Administration

The proliferation of executive orders in Nigeria has raised fundamental questions about the constitutional boundaries of executive lawmaking and the doctrine of separation of powers. Under the 1999 Constitution of the Federal Republic of Nigeria as amended, legislative powers are vested in the National Assembly, yet successive administrations have increasingly relied on executive orders to achieve policy objectives without legislative authorisation. This study examines the constitutional limitations on executive lawmaking powers in Nigeria, with a specific focus on executive orders issued during the Buhari administration between 2016 and 2023. A doctrinal research methodology is applied, combining analysis of constitutional provisions, statutory texts, and judicial decisions from Nigerian courts with a comparative review of executive order jurisprudence in the United States and South Africa. The study evaluates whether selected executive orders exceeded the permissible scope of presidential prerogative and identifies the judicial review mechanisms available to restrain ultra vires executive action. Findings from available constitutional law literature suggest that Nigerian courts have been reluctant to strike down executive orders despite credible separation of powers concerns, reflecting a pattern of judicial deference to the executive that weakens constitutional governance. The study concludes that clearer statutory frameworks governing executive orders and stronger judicial willingness to enforce constitutional limits are necessary. Recommendations are directed at the National Assembly and the Federal Judiciary. Keywords: executive orders, separation of powers, constitutional law, judicial review, Nigeria.