Rethinking the Applicability of Judicial Precedents and the Sustainability of the Independence of the Judiciary in Nigeria (Published)
This paper examines the judicial powers of the courts and the jurisdiction of the courts as provided by the Constitution of the Federal Republic of Nigeria, 1999. The paper also examines other relevant statutes to give an insight into the independence or otherwise of the Nigerian judiciary. It also highlights the doctrine of separation of powers and the rule of law as constitutional principles geared towards safeguarding the sanctity and independence of the judiciary. It further discusses the factors affecting the independence of the judiciary including judicial precedent as it affects the independence of the judiciary. It concludes that the observance of the rule of law and independence of the judiciary in ensuring the sanctity of the temple of justice is the bedrock of a democratic society.
Keywords: Independence, Judiciary, Jurisdiction, Sanctity, powers, temple of justice
Fighting Judicial Corruption in Nigeria (Published)
This paper examines the fight against judicial corruption in Nigeria. It analyses the arrest of judges and legal practitioners in respect of corrupt practices. It also re-echoes government effort at tackling judicial corruption through the legislature, the executive and the judiciary. It questions the powers of the Department of State Services in respect of investigation and arrest over corrupt practices. It further examines the sanctity of the judiciary in the effort at ridding the judiciary of corruption in Nigeria. The paper also makes comparison with some selected jurisdictions such as the United States of America and Ghana which provide some useful lessons for Nigeria. The paper concludes that there is the need for judicial officers and legal practitioners to shun corrupt practices because judicial corruption diminishes public confidence and interest in the judiciary.
Keywords: Arrest, Corruption, Judiciary, Prosecution, Punishment, Sanctity
Role of The Judiciary in Promoting Access to Justice in Nigeria (Published)
The role of the Judiciary in promoting access to justice cannot be over-emphasised, neither can its contribution towards attainment of justice be quantified. An independent, strong, respectable and responsible judiciary is indispensable for the administration of justice in any society. It is in this light that the Judiciary, as an arm of government, is the most important of all the three arms of government in Nigeria. The availability of the judicial system and the quality of justice it dispenses depend largely on the coordinated efforts of the judicial officers and the staff of the courts, their professional competence and compliance with ethical standards of conduct and discipline at work. An effective justice system is one that is accessible in all its parts. Without this, the system risks losing its relevance and the respect of the people it serves. Accessibility therefore is more than ease of access to the courts and legal representation, it involves an appreciation and understanding of the needs of those who require the assistance of the legal system. It is the duty of the judiciary to adequately protect all individuals that come before it to seek justice. In consideration of the importance of the judiciary, it is expected that it should play leadership role in the provision of access to justice. Unfortunately, access to justice in Nigeria is faced with so many challenges. These challenges and more shall form the focus of this research.
Citation: Josephine Nkeonye Egemonu (2022) Role of The Judiciary in Promoting Access to Justice in Nigeria, Global Journal of Politics and Law Research, Vol.10, No.5, pp.1-16
Keywords: Access, Judiciary, Justice, Nigeria
Oversight Functions of the Legislature and The Roles of the Judiciary in Nigeria: The Challenges for The Rule of Law (Published)
The ultimate objective of the oversight function of the legislature is to promote accountability, transparency and responsiveness on the part of the executive and by extension checks and balance it public actions. On the other hand, the constitution vests the judiciary as the third organ inter alia with the powers to interpret and apply all laws in the country in relation to both criminal and civil matters and disputes between individuals, groups, and political authorities as well as between one state and the federal government in a federal system. It is against this backdrop that this article examined the oversight functions of the legislature and the roles of the judiciary in Nigeria and the challenge it may constitute to rule of law. This paper argued that the legislative oversight function constitutes an important source of suspicion and conflicts, particularly between the legislature and the executive. Therefore, the judiciary that is supposed to serve as an impartial arbiter is incapacitated to serve the interest of the executive in several instances. This paper adopts historical and analytical approaches through the use of primary and secondary documents as contained in published and unpublished materials. The paper concludes and recommends that rule of law and democracy can flourish effectively and efficiently only if the capacity of legislatures is strengthened to address critical issues relating to constitutionalism, corruption, poverty, check the excesses of the executive, and collaborate with the judiciary to avert the consequences of democracy by court order.
Citation: Raji Adesina Abdulfattah, Abiola Adekunle Saheed and Shittu-Adenuga Zaynab Omotoyosi (2022) Oversight Functions of the Legislature and The Roles of the Judiciary in Nigeria: The Challenges for The Rule of Law, Global Journal of Politics and Law Research, Vol.10, No.4, pp.59-70
Keywords: Balance, Democracy, Judiciary, Legislature, rule of law and checks
Issues in Election Petition Adjudication in Nigeria’s Fourth Republic: A Sociological Critique of the Role of the Judiciary (Published)
The Nigerian judiciary has often come under severe criticisms for its handling – or mishandling – of election petition cases. In particular, judges have been accused of deliberate tardiness leading to unnecessary delays, conspiracy to frustrate litigants, corruption (including allegedly selling judgments to the highest bidder), undue politicization of the cases and downright travesty of justice, etc. This paper attempts to identify, dissect and interrogate the salient issues, challenges and controversies that are associated with and often punctuate election petition adjudication, even prior to but especially since 1999. The paper contends that individually and severally the issues constitute a huge impediment to the quest for justice by aggrieved persons and for democratic growth and consolidation. The paper cites numerous instances and episodes, including views, commentaries and perspectives of scholars and experts on the issues, as well as recommends steps to be taken by individuals, groups, institutions and government toward addressing the problems.
Keywords: Controversies, Election, Election Petition, Judiciary
Media Industry in the Light of the Judiciary Independence in Albania (Published)
The historical changes in our country as those of world historical periods of time have influenced considerably in the media evolution. The masmedia service as a service offered by third parties, with no participation from state, has been concessed to the private sector upon a rigid rule of the respect for the principles in a democratic society. The service of masmedia has some given features such as: (i) It is offered in respect of the public interest (ii) It is offered from the private profitable sector (with the exception of the state/public institutions) (iii)It should function as a watchdog of the other 3 state pillars executive, legislative and judicial. (iv) is should have an informative, educational, entertainment, investigative, cultural, scientific according to the characteristics of the community in a countr (v) It should be independent from any intervention. Media is established in the form of a commercial company, such form been given in accordance with the will of the founders, (members, shareholders, societies) as well as in accordance with the legal requirements. Most of the countries legislation require for a company that offers media service to be registered in the form of a shareholder company (joint stock).
Keywords: Albania, Business, Freedom, Judiciary, Media, Speech