INDEPENDENT

The phase independence of the judiciary is not a strange concept to any student or concerned citizen of any country including Nigeria. The concept of independence of the judiciary has long been introduced as an important ingredient to uphold the rule of law in any country. The independence of the judiciary in Nigeria is enshrined in Section 17 of Chapter 2 of The Constitution of the Federal Republic of Nigeria, 1999 which states that “the independence, impartiality and integrity of courts of law and easy accessibility thereto shall be secured and maintained”. Unfortunately, this chapter of the constitution is not justiciable, meaning that none of the objectives and principles set out in the chapter can be enforced. Thus, the instrument creating the Nigerian judiciary does not clearly provide for the enforcement of its independence. This is one of the reasons many often wonder if the judiciary is and can be independent. This paper seeks to answer the question, is the Nigerian judiciary independent? How free is the Nigerian judiciary from interference? In answering these questions, it is important to first understand the meaning of the words independence and judiciary, what constitutes an independent judiciary? This will include an illumination into the development and structure of the Nigerian Judiciary, the development of independence in the Nigerian judiciary since independence under the different constitutions and the military dispensation. The challenges to an independent judiciary in Nigeria will be discussed along with a brief comparison with other nations, in particular the United Kingdom from which most of our laws emanate.