This Blog is written by Okafor Emmanuel Chiemelie, a Second-Year Law Student of Nnamdi Azikiwe University Awka

Introduction

Imagine a country that claims to practice a federal constitutional democracy, but the Judiciary arm of government is not independent. How can such a country foster and thrive in a country where justice is being sought for the effective operation of the administration?

This question succinctly summarizes the Nigerian Judiciary. It's a fact, very glaring, that the Judiciary is a cornerstone of democracy and consequently a beacon of hope to Nigerian citizens. For the rule of law and the fundamental rights of the citizens to be upheld, there's a need for an independent and impartial Judiciary. This will go a long way in preventing corruption and favoritism in our justice system.

This Blog will address Nigeria's independence of Judiciary, presenting the challenges, overview, and way forward.

Overview of Independence of Judiciary and its importance

The Judiciary is an arm of government responsible for interpretation of the law, settlement of disputes, and aiding the legal process of the law.[1] The Nigeria Judiciary System is made up of the courts of law, Judges, lawyers, and other persons vested with the responsibility of advocating the law. The Nigerian Judicial powers are provided for in Section 6(6).[2]

Independence of the Judiciary simply means the freedom of the Judiciary from the other arms of government: the Executive and the Legislature. It's a doctrine that stipulates that Judges are not subjected to pressure, corruption, and favoritism when adjudicating on a matter.[3] According to the then Chief Justice of Wisconsin Supreme Court, he wrote:

“The term judicial independence embodies the concept that the judge decides cases fairly, impartially, and according to the facts and law, not according to whim, prejudice, or fear, the dictates of the legislature or executive, or the latest opinion poll.”

The Section 17(1)(e)[4] Provides that the impartiality, independence, and integrity of the court of law shall be secured and guaranteed.

The importance of Judicial Independence lies in the fact that it's the basis and cornerstone for a transparent and accountable government. Judges can easily make decisions without fear or favor and malice and prejudice. The Judiciary won't be subject to any executive or legislative pressure, and they will uphold justice even though heaven falls. The importance of justice and the need for judicial independence could also be captured in the dictums of Lord Denning, in the case of Seaford Court Estates v. Asher.[5]: Justice should not only be done but justice should be manifestly seen to be done.

This pronouncement underscores the relevance of an independent Judiciary because justice can only be manifestly seen to be done when it's in existence. The important position occupied by the Judiciary has been substantiated by the Nigerian Constitution in Section 4(8), where it was provided that no legislation of the National Assembly or State House of Assembly shall oust the jurisdiction of courts.[6]

Challenges To The Independence Of The Judiciary In Nigeria

Despite the constitutional provisions for the Independence of the Judiciary, the Judiciary is still faced with a lot of problems forestalling its independence. Amongst these challenges are:

1. Political interference: The Executive and Legislature have constantly disregarded the provisions of the constitution, and abused some of the court process. It raises a very important question as to the authenticity of our constitution as the ground norm. For example, in 2019, the Chief Justice of Nigeria, Walter Onnoghen, was wrongfully removed from office without complying with the constitutional provisions. Due process was not followed and the doctrine of separation of powers was disregarded.[7]

2. Corruption: In the context of Nigeria, Corruption has been a menace that has come to stay. When we have corrupt Judges who are occasionally bribed, they will administer justice in fear and favor, and this undermines the impartiality of the Judiciary.

3. Inadequate Funding: when there are insufficient funds, this will automatically lead to a lack of infrastructure, and resources. Even when the Judges are poorly remunerated, they may be tempted to engage in heinous acts following how demanding the legal profession is.

Recommendations

For the Nigerian Judiciary to be fully Independent, all hands need to be on deck and the following mechanisms must be adopted:

1. Consolidated funds: The Judiciary should be paid from the consolidated funds as this will minimize the poor remuneration that they are facing. When this is done, there won't be room for corruption because their earning will significantly improve.

2. Appointment: The Executive should desist from appointing Judicial officers, because when they keep on handling this function, they can make this appointment based on favoritism and sentiments. Emotions will prevail over reason. The National Judicial Commission should carry out this function.

3. Punishment for corruption: Any judge, legal practitioner, or judicial officer who engages in corrupt practices should be utterly punished and the repercussions for such heinous acts should be suspension and even disbarment.

4. Judicial reforms: several reforms should be carried out holistically in the Judiciary.

If these are in effect, the Judiciary in Nigeria will be fully Independent and autonomous.

Conclusion

Judicial Independence is crucial for the fair dispensation of justice. In a democratic system, one of its features is the doctrine of separation of powers which says that powers should be legally distributed between the three branches of the government. Prima Facie, these branches are to be independent and separated. Despite the Separation of Power, the Judiciary is not independent. The Executive and the Legislature constantly interfere with the affairs of the Judiciary, and thus, it undermines its independence. Lessons can be drawn from other jurisdictions to foster this, precisely, countries like Botswana and Singapore where strict codes of conduct and oversight mechanisms have been adopted to boost the efficiency and independence of their Judiciary.

References

[1] INDEPENDENCE OF THE JUDICIARY - ezenwaohaetorc.org https://ezenwaohaetorc.org/journals/index.php/UNIZIKJPPL/article/download/1057/1059

[2] 1999 constitution of the federal republic of Nigeria

[3] Ibid (n1)

[4] Ibid (n2)

[5] (1949) 2KB 481

[6] Ibid(n4)

[7] The independence of the judiciary in Nigeria - ResearchGate https://www.researchgate.net/publication/371721336_The_independence_of_the_judiciary_in_Nigeria