ABSTRACT
The fact that the judiciary remains the bastion of hope not just for the common man but also for the high and mighty in a society, makes judicial independence very crucial. Hence, judicial independence is said to be fundamental to democracy but sad to say, it seems it is only lip-service that is being paid to this crucial concept in most countries; our country Nigeria is not an exception of this fact situation, otherwise how would anybody explain the disillusionment and utter lack of confidence by greater percentage of the populace in the judiciary, considering it a feeble weak arm of government, corrupt and inefficient. To some, the judiciary is a shadow of itself, adept at protecting others, inept of protecting itself. These remarks derived from observations of the alleged or actual behaviours of some judges themselves and their independence, impartiality and integrity when adjudged by the citizens. Again, the treatment meted on to this important arm of government by the executive arm of government is a cause for worry. It therefore, raised curiosity and concern as to why any judicial system should be seen in the above light and the extent to which the above issues are justiceable. It calls for urgent examination of whether the independence of the Nigeria judicial system is guaranteed and practicable, and whether it remains a reechoed concept. Also, to ascertain whether the lofty constitutional provisions with regards to judicial independence has any substance or whether what could have been a constitutional guarantee of judicial emancipation remains only as a sermon in Nigeria, as such awaiting reforms shall make it justiceable.
TABLE OF CONTENTS
Title Page – – – – – – – i
Certification Page – – – – – – – – – ii
Dedication – – – – – – – – – iii
Acknowledgement – – – – – – – – iv
Abstract – – – – – – – – – vi
Table of Contents – – – – – – – – vii
Table of Cases – – – – – – – – xi
List of Statutes – – – – – – – – xiii
List of Abbreviations – – – – – – – – xv
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of the Study – – – – – – 1
1.2 Statement of the Problem – – – – – 5
1.3 Objectives of the Study – – – – – – 6
1.4 Research Methodology – – – – – – 6
1.5 Significance of the Study – – – – – – 7
1.6 Scope of the Study – – – – – – – 7
1.7 Definition of Terms – – – – – – – 7
CHAPTER TWO
2.1 The Nigerian Judiciary – – – – – 12
2.2 The Criticism of National Judicial Council – – – 13
2.3 The Nigerian Bar – – – – – – 16
2.4 The Nigerian Bench – – – – – 18
2.5 Bar-Bench Relationship in Nigeria – – – – 18
CHAPTER THREE
3.1 The Analytical Perspective of the Judiciary – – 20
3.2 The Judiciary and Judicial Power – – – 24
3.3 Judicial Power – – – – – – – – 25
3.4 Limitations on the Exercise of Judicial Powers – – 27
3.5 The Judiciary – – – – – – – – 27
3.6 Instances of Executives Abuses of Judicial Independence – 30
CHAPTER FOUR
4.1 The History and Hierarchy of Courts in Nigeria – – 36
4.2 Appointment of Judges – – – – – – 43
4.3 Supreme Court – – – – – – – 43
4.4 Qualification for Justices of the Supreme Court and the Chief Justice of Nigeria – – – – – – 44
4.5 Court of Appeal – – – – – – – 44
4.6 Qualification for Justices of the Court of Appeal and its President 45
4.7 Federal High Court – – – – – – – 45
4.8 Other Judicial Officers – – – – – 45
4.9 Qualifications for other Judicial Officers – – – 45
4.10 High Court Judges – – – – – – – 46
4.11 Sharia Court of Appeal, Khadis and Grand Khadis – – 46
4.12 President and Judges of Customary Court of Appeal – 47
CHAPTER FIVE: CRITICAL APPRAISAL OF JUDICIARY INDEPENDENCE
5.1 Inability – – – – – – – – 48
5.2 Misconduct – – – – – – – – 48
5.3 Code of Conduct – – – – – – – 48
5.4 Salary of Judicial Officers – – – – 51
5.5 Pensions – – – – – – – – 52
5.6 Immunity from Criminal Prosecution and Civil Suit – – 52
5.7 Factors Inhibiting Judicial Independence – – – – – 54
5.7.1 Life after Retirement – – – – – – 54
5.7.2 Lack of Machinery to Enforce its Judgement – – 56
5.7.3 Removal from Office/Composition of National Judicial Council 57
5.8 Ouster Clause – – – – – – – – 59
5.9 Lack of Funds/Budgetary Provisions – – – – 59
5.10 Executive Lawlessness – – – – 60
5.11 Prerogative of Mercy – – – – – – 60
5.12 Action of Some Judges – – – – – – 60
5.13 Factors Enhancing Judiciary Independence – – – 62
CHAPTER SIX: SUMMARY, RECOMMENDATIONS AND CONCLUSION
6.1 Summary – – – – – – – – 66
6.2 Recommendation – – – – – 67
6.3 Conclusion – – – – – – – – 69
Bibliography – – – – – – – – – 71
Journals – – – – – – – – – 72
E- Resources – – – – – – – – – 72
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