Similarly the judiciary serves as the triumvirate of resolving disputes among individuals or groups in a given nation. In nigeria, there is a dual judicial system with both ordinary courts and special. The federal judicial power is exercised by the federal courts, which adjudicate in disputes arising between individuals, governments and corporate entities in their interrelationships with one another within or outside the country in accordance with the law. Where lies judicial independence the guardian nigeria news. Annexure a the independence of the judiciary the independence of the judiciary is constitutionally guaranteed in zimbabwe1. The independence of the judiciary shall be guaranteed by the state and enshrined in the constitution or the law of the country. Nigerian judiciary news latest breaking stories and top. The researchers recommend that the consolidation of democracy in nigeria will depend on the commitment and ability of the nigeria state to take extra measures to ensure that the theory and practice of separation of powers, and the independence of the judiciary is firmly established, respected and protected. In addition the state, having ratified the african charter on human and peoples rights, has an obligation to ensure that every individual has the right to have. To say the least, the judiciary sank into oblivion. However, the political history of nigeria shows that whenever, the.
The court was renamed the federal high court by section 228 1 and 230 2 of the constitution of the federal republic of nigeria, 1979. The highest courts subfield includes the names of a countrys highest level courts, the number and titles of the judges, and the types of cases heard by the court, which commonly are based on civil, criminal, administrative, and constitutional law. The basic law of the hong kong special administrative region of the peoples. Nigeria typifies the failed african effort in trying to establish an enduring democracy and constitutionalism. We will be discussing extensively on the nigeria judicial system, its modus operandi, its challenges and way forward. Oct 21, 2014 the nigerian judicial system has had lots of challenges to contend with. Similarly, a judiciary that is subservient to the executive and the legislature loses its potent power of independence. The nigerian judiciary trends since 220 221the nigerian judiciary trends since 4 5 okonkwo, c. A judiciary of undisputed integrity is the bedrock institution essential for. How to maintain judicial independence in nigeria nigerian.
During the early years of independence the nigerian judiciary actually had a great deal of autonomy. The nigerian judicial system, challenges and the way forward. It will suffix me to at least analyse a little background of the nigerian judiciary. Constitutional guarantees of the independence of the judiciary.
Eradicating corruption in nigerian judiciary by justice. The growing inequality and injustice in nigeria against the indigenous people of biafra and its leader nnamdi kanu, can be reduced by a strong, independent and committed judiciary that pursues integrity and that is void of prejudice. Chi both the suspended 1979 constitution and the never implemented 1989 constitutions, as well as the new constitution promulgated on may 29, 1999 provide for an independent judiciary. Read all the latest news, breaking stories, top headlines, opinion, pictures and videos about nigerian judiciary from nigeria and the world on today. The federation consists of 36 thirty six states and a federal capital territory. Socioeconomic effects of judicial corruption in nigeria. May 15, 20 the judicial system or judiciary is a system of court that interprets laws and applies them to their respective areas.
Judicial independence or independence of judiciary has its origin in the theory of separation of powers. This paper posits that the lack of independence of the judiciary in nigeria has paved the way to the myriads of problems bedeviling the judiciary ranging from lack of courage and temptation to corruption in deciding political cases especially the determination of election petition, appointment of judges, security of tenure and remuneration, institutional autonomy, judicial accountability, adequacy of resources for the courts, media and societal pressure and scope of judicial power and. A law in the strict sense refers to rules and of conduct imposed by a state upon its members and enforced by the courts. Judiciary in nigeria needs to be strengthened, to be a strong institution that is not controlled by the rich. This paper posits that nigeria had a chequered history of series of judicial reforms. There was a time when the nigerian judiciary was dominated by expatriates and later by the then western nigeria, but, with rapid progress in legal education various parts of the country took up. Pdf judicial reform in democratised nigeria presentation. Judicial reform in democratised nigeria presentation. The role of the judiciary in combating corruption in nigeria there is no doubt that corruption is the biggest and most embarrassing challenge facing nigeria today. Poor budgetary funding denies judiciary independence. Judicial independence under nigerias fourth republic cwsl. The rationality of judicial precedent in nigerias jurisprudence. History of nigerian judiciary the nigerian judiciary has had a history of 4 distinct eras namely, the period before 1842, 18451912, 1914 to 1953 and 1954 to date. Ten problems of nigeria judiciary and possible solutions include the following.
This is the question that is now in every citizens lips seeking for an answer. Pdf judicial independence and accountability in the. In the speech he delivered at the 2015 all nigeria judges conference, president buhari urged the judiciary leadership to carry out various reforms to position and portray the administration of. This development calls for reform in the judiciary. In the nigeria legal system and the judiciary in particular, the courts application of its power to make consequential orders had led to some landmark decisions that have increased public. Though there have been different attempts to define it, there is no precise, clear definition that can be applied to all forms, types and degrees of corruption. Resource guide on strengthening judicial integrity and capacity.
It is trite to delve into the theoretical definition of the terms. At independence in 1960, nigeria opted for west minster model of constitution and the court. During the 1978 of all nigeria judges conference, the imo state judiciary presented a paper titled the role of the judiciary within a presidential system of government in nigeria. Constitutionalism, human rights and the judiciary in nigeria. The judiciary is the third arm of government in nigeria that is responsible for the interpretation of laws and trial of cases involving individual citizens, organizations and the state. Dec 22, 2016 the nigeria judicial system, challenges and the way forward.
Nigeria, 2003 and published by the commonwealth secretariat in april 2004. The judicial powers vested in accordance with the foregoing provisions of this section a shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law. Apr 10, 20 the problems facing the nigeria judiciary system the judicial system in nigeria nigeria operates a federal political structure under the constitution of the federal republic of nigeria, 1999. The role and historical development of the judiciary in nigeria. Pages in category judiciary of nigeria the following 4 pages are in this category, out of 4 total. We can therefore imagine the resulting horrors of a problematic judicial system. The purpose of this paper is to present a theoretical overview of the role and historical evolution of the nigerian judiciary. The supreme court is presided over by the chief justice and has up to 15 justices. It is against that background that this general report will consider and assess constitutional guarantees of the independence of the judiciary. The constitution guarantees the independence of the judiciary and permits the exercise of sharia law for consenting muslims. In nigeria, for instance, the powers of the judiciary are contained in section 66 of the 1999 constitution, as follows. In so doing, the paper will highlight the meaning and importance of the judiciary in nigeria. During the shambolic military era, the judiciary was subjected to abject emasculation to the extent that it lost the substance to its name and only existed as a nomenclatural entity. This is so because the judiciary is the only organ that deals with the administration and dispensation of justice in any democratic nation.
The judiciary in nigeria evolved in the colonial period though a gradual constitutional development. May 29, 2015 both judiciary and democracy have become household names in nigeria. The problems facing the nigeria judiciary system essay 3085. The federal revenue court as federal high court was then called was established by the federal revenue act 1973 1973 no. Where lies judicial independence the guardian nigeria. These standards explain what is meant by judicial independence and. Judicial independence under nigerias fourth republic. Judiciary is unable to effectively perform its role in sustaining nigerian democracy, invariably, nigeria democracy is truncated, thus, the inevitability of military intervention in nigeria politics. It usually encompasses a court for final appeal, usually referred to as supreme court or constitutional. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. After ten years of transition from militarism to constitutional democracy and the euphoria of the countrys return to democracy, the country is still on a slow march in the entrenchment of the practice of constitutionalism. Judiciary is unable to effectively perform its role in sustaining nigerian democracy, invariably. It also conducted a survey among judges about their perception of judicial independence. Judicial system in nigeria commonwealth governance.
Before the advert of the europeans, the various indigenous people of nigeria had difficult methods of dispute resolution mechanism. Code of conduct for judicial officers of the federal republic of nigeria. The judiciary and the survival of democracy in nigeria analysis of the 2003 and 2007 elections1 david u enweremadu david u enweremadu is a lecturer in the department of political science, university of ibadan email. The independence of the judiciary simply means judicial protection from the control of the executive, legislature andor any other body. Judicial independence is the concept that the judiciary should be independent from the other.
As an institution, the judiciary in nigeria consists of the bar and the bench. To buttress the independence of the nigerian judiciary, the constitution goes further to prevent the legislature from enacting any law, the purport being the ouster of the jurisdiction of the courts. Poor budgetary funding denies judiciary independence the. By this theory the executive, the legislature and the judiciary are three separate. What distinguishes judiciary in a democratic rule from that of nondemocratic one is its independence to interpret the provisions of the law which are made by legislative houses abdulhameed 20. The relevance and responsibilities of the judiciary in nigeria will also be outlined. Ohchr basic principles on the independence of the judiciary. Judiciary, democracy, contemporary nigerian society introduction the judiciary is the foundation upon which democracy grows and develops.