Nigerian Judiciary and the defence of the common man

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THE NIGERIAN JUDICIARY AND THE DEFENCE OF THE COMMON MAN

In line with the doctrine of separation of powers, which is a cardinal feature of a democratic system, the Nigerian Constitution guarantees the independence of the Judiciary. The doctrine of seperation of power was introduced by French political philosopher, Baron de Montesquieu in order to protect the people from dictatorship or authoritarianism. Under this arrangement, three branches of goverment were formed: the executive, legislature and judiciary. The legislature is responsible for making laws, the executive implements while the judiciary interpretes the laws. It was Madison's system of "Checks and Balances" that would keep the three in check. No one branch would be able to exploit it's power without the scrutiny of one of the other branches. Montesquieu did specify that "the independence of the judiciary has to be real, and not apparent merely". "The judiciary was generally seen as the most important of powers, independent and unchecked", and also considered the least dangerous.

That the judiciary all over the world is regarded as the last hope of the common man needs not be over-emphasised. This is why stakeholders in the justice sector often refer to it as