THE NEED FOR THE IMPLEMENTATION OF FINANCIAL AUTONOMY OF THE JUDICIARY UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

Abstract

This study examines the need for the implementation of financial autonomy for the judiciary under the 1999 Constitution of the Federal Republic of Nigeria. It examines the extent and limitation of separation of powers in Nigeria, the independence of the judiciary and need for financial autonomy of the judiciary. It could be sustained that an independent, impartial and informed judiciary holds a central place in the apprehension of a good, transparent and accountable government. This is necessarily made possible by the provision that charges the judiciary with the function and responsibility to determine all matters between persons, or between government or authority and any person in Nigeria, and to all actions and proceedings relating to the determination to any question as to the civil rights and obligations of any person. The court system should be made more sovereign, liable, proficient, neutral, reachable, affordable and trustworthy, especially as regard removal of judges. Efficient mechanisms should be put in place to ensure enforcement of court rulings against government, like a regulatory body. This study recommends the constitution of the Federal Republic of Nigeria has to be amended to eliminate the impact/significance of the executive and the legislature in the financial remunerations of the judiciary. Without mixing words, this must entail absolute and full financial autonomy of the judiciary. The study concludes that the judiciary in Nigeria is not independent, prima facie whereby the judicial arm still depends on the executive for funds and this is where the need for the implementation of financial autonomy of the judiciary comes in because there is a popular saying that you cannot bite the hand that is feeding and if you do you will starve. The rationale behind the establishment of the judicial arm of government under section 6 of the 1999 Constitution of the Federal Republic of Nigeria is mainly for the interest of justice and for the existence of the rule of law and also for the purpose of checks and balances.

Identifiers

Resource ID

urn:uuid:3309f0d0-c9bb-4bc0-ad0d-730accaca74b