In a democratic polity, thesupreme power of state is shared among the three principle organs constitutionalfunctionaries namely the constitutional task assigned to the judiciary is no way less thanthat of other functionaries legislature and executive. This paper examines whether the independence of the judiciary in nigeria is a myth or reality and concludes that the high sounding constitutional provision relating to judicial independence has no bite and what could have been constitutional guarantees of judicial independence is no more than a slogan in nigeria thence calling for reforms. That was basically the setting until nigeria attained independence in 1960 with a constitution crafted after the westminster model of written constitution which recognized the nigerian judiciary as an independent arm of government. 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. Ohchr basic principles on the independence of the judiciary. It is trite to delve into the theoretical definition of the terms. A law in the strict sense refers to rules and of conduct imposed by a state upon its members and enforced by the courts. Judges and independence of the judiciary leadership newspaper. Constitutional guarantees of the independence of the judiciary. Poor budgetary funding denies judiciary independence. Ten problems of nigeria judiciary and possible solutions include the following.
Factors of judicial independence law constitutional administrative essay. The independence of the judiciary simply means judicial protection from the control of the executive. Numerous ancient african civilizations settled in the region that is today nigeria, such as the kingdom of nri, the benin empire, and the oyo empire. Pdf judicial independence or independence of judiciary has its origin in the theory of separation of powers.
Judicial independence and accountability in the enforcement of contracts against the nigerian government article pdf available september 2016 with 1,803 reads how we measure reads. The process focuses on senior members of the judiciary rather than on politicians. Independence, judiciary, judicial independence and judicial powers introduction the central trust and objective of this paper is to look at the independence of the judiciary in nigeria whether it is a myth or reality and to conclude with recommendations. Definition 7 judicial independence can be defined as the ability of individual judges and the judiciary as a whole to perform their duties free of influence or control by other actors. Where lies judicial independence the guardian nigeria. Annexure a the independence of the judiciary the independence of the judiciary is constitutionally guaranteed in zimbabwe1. 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.
Separation of powers, independence of the judiciary, and. The independence of the judiciary simply means judicial protection from the control of the executive, legislature andor any other body. Judicial independence and the federal courtstalking points, 1 1. Factors of judicial independence law constitutional. Judicial independence is the concept that the judiciary should be independent from the other branches of government.
But judicial institutions are themselves corruptible. This independence not only refers to external influence but also to influence from other judges themselves. Where a judicial service commission is adopted, it should include representatives of the higher judiciary and the independent legal profession as a means of ensuring that judicial competence, integrity and independence are maintainedbeijng statement, art. Judges and independence of the judiciary the chief justice of nigeria cjn, justice walter onnoghen, recently expressed dismay over what he described as politicians undue interference in the. Judges and independence of the judiciary leadership.
Constitutional guarantees of independence of the judiciary in nigeria it is pertinent to note that the nigerian constitution contains copious provisions protective of the judiciary and apparently. In modern times, the independence of the judiciary is guaranteed by the constitutional reform act 2005, s. Judicial independence, the power of the purse, and inherent. Understanding the place and role of the judiciary in our society where the learned chief judge declared that. Introduction i am delighted and humbled by the invitation to present a paper on the jurisprudence of the african commission on human and peoples rights on judicial independence. Basic principles on the independence of the judiciary. Poor budgetary funding denies judiciary independence the. Pdf judicial independence and accountability in the. Formal guarantees of judicial independence from government control date to at least 1701, when englands act of. Judicial system in nigeria commonwealth governance. Judicial independence is important to the idea of separation of powers.
Securing the independence of the judiciary the indian. This administration is committed to the financial independence of the nigerian judiciary in accordance with extant laws. This article, in attempting to answer these and similar nagging questions concerning nigerias judiciary, examines the truly multifaceted question of judicial independence by assessing the nigerian situation in the light of the factors that are considered vital to ensuring or guaranteeing an independent judiciary. The independence of the judiciary shall be guaranteed by the state and enshrined in the constitution or the law of the country.
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. The federal courts and the politics of an industrial united states, 5 6. The history of nigeria can be traced to prehistoric settlers nigerians living in the area as early as 1100 bc. Courts, corruption and judicial independence siri gloppen a wellfunctioning justice system is crucial to address corruption effectively, which in turn is important for development. Independence of the judiciary through the eyes of the achpr. 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. This independence means that both the judiciary as an institution and also the individual judges deciding particular cases must be able to. Islam reached nigeria through the borno empire between 1068 ad and hausa states around 85 ad during the 11th century. Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. That ambiguity in the meaning of the term judicial independence has compounded already existing. The independence of the judiciary is a phrase which is familiar to judges and others relating to the political bodies and its necessities are freely acknowledged. A report on uganda tried to force their way into the registrars office. Judicial independence is as old as constitutionalism itself.
Meaning of the independence of the judiciary the independence of the judiciary is not a new concept but its meaning is still imprecise. The impact of the judiciary on nigerian democracy the. For more details, refer to appendix c of this ireporti. In addition the state, having ratified the african charter on human and peoples rights, has an obligation to. The concept, in its basic form, embodies the entire philosophy of constitutional democracy especially as emphasised by the preamble to the constitution which is for promoting the good government and welfare of all persons on the principles of equality, freedom.
Where lies judicial independence the guardian nigeria news. How to maintain judicial independence in nigeria nigerian. However, its practical application of the theory or concept of this doctrine proven to be hard to achieved. One of the fundamental principles underlying the nigerian constitutional process is that of the independence of the judiciary. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it. The independence of the judiciary through the eyes of the african commission on human and peoples rights by mumba malila 1. An overview of aspects and attributes of judicial independence in nigeria by duru, onyekachi wisdom ceazar. It is the judiciary that has to ensure that the state is subject to the law, that the government respects the rights of the individual under the law. Both judiciary and democracy have become household names in nigeria. A study of the israeli judiciary 4 1994 hereinafter shetreet, justice in israel. During its visit the delegation identified threats to the independence of the judiciary in political cases in the following ways. At independence in 1960, nigeria opted for west minster model of constitution and the court. 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. The judiciary in nigeria evolved in the colonial period though a gradual constitutional development.
It is the duty of all governmental and other institutions to. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. Judicial independence, the power of the purse, and. The supreme court is presided over by the chief justice and has up to 15 justices. May 29, 2015 both judiciary and democracy have become household names in nigeria. An independent judiciary in a reconstructed union, 4 5. 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. Constitutional protections and political debates, 1 2. This article, in attempting to answer these and similar nagging questions concerning nigeria s judiciary, examines the truly multifaceted question of judicial independence by assessing the nigerian situation in the light of the factors that are considered vital to ensuring or guaranteeing an independent judiciary. Judicial independence is important to the idea of separation of powers many countries deal with the idea of judicial. The independence of the judiciary under the third republican. The constitution guarantees the independence of the judiciary and permits the exercise of sharia law for consenting muslims. 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.
We can therefore imagine the resulting horrors of a problematic judicial system. I tih hisroucal per pective when the founding fathers gathered in philadelphia in 1787 to draft the united states constitution, the concept of separation of powers was a fundamental political maxim which dominated the thinking of many of the members of the constitutional convention. Jun 04, 2018 judges and independence of the judiciary the chief justice of nigeria cjn, justice walter onnoghen, recently expressed dismay over what he described as politicians undue interference in the. Constitutional guarantees of the independence of the judiciary john bridge readers are reminded that this work is protected by. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. The beijing statement of principles of the independence of the judiciary states. It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. It first revisits these three concepts, the relationship between them and particularly the role the judiciary in of promoting the separation of powers and good governance on the african continent. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess. Independence of judiciary is sine guenon of democracy. In order to try to promote the independence of the judiciary, the selection process is designed to minimize political interference. Surveys show that experiences with and perceptions of corruption in the courts are widespread afrobarometer.
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