INDEPENDENCE OF THE JUDICIARY IN NIGERIA: CHALLENGES AND PROSPECTS

Abstract

This research examines the independence of the judiciary in Nigeria. The research was set out to find out the extent to which the independence of the judiciary is guaranteed under the Constitution of the Federal Republic of Nigeria. It also discusses the challenges and prospects of independence of the judiciary in Nigeria. It has been shown that judicial independence has many elements which can broadly fall under the headings of: appointment and removal of judicial officers and judicial staff; security of tenure and remuneration of judges and supporting staff; budgetary provisions (process); individual and institutional freedom from unwarranted interference with judicial process by the executive arm of government and politicians. The study shows that the 1999 Constitution provides for the responsibility allocated to the Judiciary. The study also finds that the Nigerian judiciary has suffered greatly due to dependence on the executive. The challenges identified with the judicial setup which hampers its independence includes the ability to perform its functions impartially are the methods of appointment, removal of judges, funding, and general conditions of service of judicial officers and staff. The research therefore recommends that there should be a review of the constitution as regards the powers, appointments, tenure, subject to recommendations of the executives, financial autonomy, to enhance a better and productive independence of the judiciary in Nigeria.

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urn:uuid:a4875bae-2d66-47b0-94f4-6a234b052cb1