APPOINTMENT OF JUDICIAL OFFICERS IN NIGERIA: CHALLENGES TO JUDICIAL INDEPENDENCE IN NIGERIA

Abstract

This research work examines the Challenges to Judicial Independence in respect of Judicial Appointments in Nigeria. Judicial independence is the concept that the judiciary should be independent from other branches of government or from private or partisan interests. One of the key factors that affect judicial independence is identified in appointing judicial officers. The 1999 Constitution and the NJC Rules and Guidelines clearly place emphasis on the experience in legal practice as well as general competence of such persons before they are selected into the bench. Therefore, this research work extensively highlights the methods contemplated by the said statutes in appointing judges. As always, Judicial Independence is confronted by plethora of challenges especially in the realm of selecting fit and proper persons as judges. This includes but is not restricted to wrongful application of the Federal Character principle, an unbalanced federal structure, and Executive control, Incompetence of judicial officers, tribalism and corruption. This research work finds that these challenges associated with judicial appointments are inimical to judicial independence as it results to engendering gross indiscipline among judges, lack of impartiality, further incompetence and devaluation of meritocracy within the judicial sector. This research work concludes that the Judiciary is as equal as other arms of government and must therefore be independent. Thus, this research work recommends that the constitutionally recognised bodies which determine the methods of judicial appointment should be properly reviewed. It further recommends that the overall powers of the executive in appointing these judicial officers should be restricted.

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Resource ID

urn:uuid:f80e5c02-ecbb-4fec-b8c8-820361ef2191