JUDICIARY

Nigeria is a nation with a chequered history of democratic rule. The pressure mounted on the Nigerian political system since independence created instability in Nigeria polity. Hence the judiciary could not carry out its rules effectively, the first, second, and third republic collapsed thus, paved way for the inevitability of military; incursions in Nigeria politics, which truncated the Nigerian nascent democracy. This study essay therefore investigates the impact of the judiciary in achieving sustainable democracy in Nigeria. This essay uses qualitative and content analysis method in analyzing the information generated for the study. Cases and instances from the content analysis shows that the independence of the judiciary helps in achieving sustainable
democracy in Nigeria; independent judiciary enhances due process in a democratic state. Further analysis showed that incidences and court verdicts in issues relating to how the practice of separation of powers of which the judiciary is a product of enhances the efficiency of the judiciary in Nigeria.

The Executive, Legislative, and Judicial arms of government comprise the three branches of government in Nigeria. As the third branch of the government, the judiciary’s main responsibility is to dispense justice. In order to critically assess the judicial branch of government and the laws governing judicial officers in Nigeria, this research will concentrate on the process for the appointment and removal of judicial officers in Nigeria by the executive. The Constitution of the Federal Republic of Nigeria 1999 (as amended) expressly grants executive authority to nominate, dismiss, and execute disciplinary measures against judicial
officers. Judicial officers are those people who occupy any judicial post that is specifically mentioned in the Constitution. Unfortunately, there have been some disagreements on which branch of government has the authority to name, suspend, and remove judicial officers from office. According to the provisions of section 292 (1) (a) (ii) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), there have been attempts by some Governors to remove senior judicial officers, in particular the Chief Judge, based on a resolution passed by a two-thirds majority of the relevant House of Assembly. Having looked into the appointment of judges in other jurisdictions, it has been noted that while the appointment of judges is done by the Executive, which is similar to the position we have under our laws in Nigeria, it is my opinion that the NJC should recommend, followed by the approval of the National Assembly before the president can appoint them. It is also my opinion that the members of the NJC should not be appointed by the executive so as to ensure an impartial nomination of persons that should constitute the Bench.
However, the removal of judicial officers should not be subject to the wills of the executive but rather, the judiciary should have among its members an independent body tasked with investigation, discipline and dismissal of judicial officers as it relates to misconduct. This is because the retirement age of judicial officers is constitutionally provided for, hence, the decline and removal of judges on the grounds of misconduct should be done by the judiciary to ensure the independence of the judiciary

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.