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 a strong fortress, standing sure and strong, providing succour and shelter for the defenceless and vulnerable of the society; a safe haven where the oppressed, the injured, the dismayed, the upstanding, the expectant, indeed the whole society, looks up to for succour, protection and justice. But in Nigeria today, many see this statement, not only as literary expression, but as a cliché that is fast becoming a mirage to the common man because of the multitude of problems plaguing this hallowed instituton.

A well functional judiciary is a central element of the civil society. It is the sole adjudicator over the political, social and economic spheres. But despite the encomiums the Nigerian judiciary has received in recent time, the justice sector has practically collapsed under the weight of abject neglect by past administrations. The sector is slow in dispensing justice. Laws are archaic and antiquated, court infrastructures are obsolete and the prisons are over-crowded resulting in the collapsed of civil and criminal justice system.

The Nigerian judiciary has come a long way since its establishment during the colonial era. The Nigerian legal system has had a lot of influence from English law on it's growth.  According to Obilade (1979), English law has a tremendous influence on the Nigerian legal system, and "English law forms a substantial part of Nigerian law".  Both the suspended 1979 constitution and the never implemented 1989 constitutions, as well as the new constitution promulgated on May 29, 1999 provide for an independent judiciary. In practice, the judiciary is subject to executive and legislative branch pressure, influence by political leaders at both the state and federal levels, and suffers from corruption and inefficiency.

Under the 1999 constitution, the regular court system comprises federal and state trial courts, state appeals courts, the Federal Court of Appeal, the Federal Supreme Court, and Shari'ah (Islamic) and customary (traditional) courts of appeal for each state and for the federal capital territory of Abuja. Courts of the first instance include magistrate or district courts, customary or traditional courts, Shari'ah courts, and for some specified cases, the state high courts. In principle, customary and Shari'ah courts have jurisdiction only if both plaintiff and defendant agree, but fear of legal costs, delays, and distance to alternative venues encourage many litigants to choose these courts.

Trials in the regular court system are public and generally respect constitutionally protected individual rights, including a presumption of innocence, the right to be present, to confront witnesses, to present evidence, and to be represented by legal counsel. However, low compensation for judges, understaffing, poor equipment, bribery, special settlements, and a host of developmental factors decrease the reliability and impartiality of the courts.

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The Nigerian judiciary has indeed come a long way and has evolved over the years from the 1st republic through the various military interventions to the present 5th republic. The judiciary has not been immune to the turbulent and capricious changes in leadership. Nigeria's chequerd political and social evolution has indeed taken its toll on this indispensable institution of Government. Our prolonged romance with military regimes has unarguably wrecked the greatest havoc on the judiciary. The military regimes, notorious for their trademark of arbitrariness, authoritarianism and contempt for the rule of law did not regard the judiciary as an arm ...

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