ABSTRACT
The judiciary is an arm of the government saddled with the responsibility of interpretation of laws made by the legislature. They dispense this all important duty by seeing through the lens of the draftsmen and breathing life into what is hitherto dead letters. The interpretative duty of the judiciary therefore is the breath that infuses life into the bare letters of the law.
The judiciary has, over the years, earned for itself the platitude "the hope of the common man". This is basically because of its role in ensuring that the rays of Justice beam on the common and everyday citizen of the country. Every individual, group, institution or even an arm of the government whose interest is injured has the judiciary as a place of last resort. This speaks to the very height the necessity of the role of the judiciary in ensuring the stability of any human society.
Notwithstanding this important place in the grand scheme of things, instances abound where this hope reposed in this special arm of government is dashed and so the common man resorts to tears and pains. This miscarriage of Justice arises most times out of the frivolousness of the counsel, technicalities in court processes and the judge's faux pas. Instances are there also where it is as though the judge manifestly dances to the rhythms of a party, this is particularly when it comes to matters involving politics for instance, electoral matters, abuse of power by the executives and legislatures, abuse of the rule of law by the executives etc. It appears what is supposed to be purely legal becomes politicized, and the lens and wheel of justice get impaired and battered.
It is true that the law cannot be entirely divulged from politics, however the law is supposed to be the primary and overriding tool of the judge. This menace bedeviling this arm of government has been seen by many to be a resultant effect of the lack of Independence in the appointment and removal of judges, just as the saying goes that the mouth cannot bite the hand that feeds it1 . It becomes difficult for the judges to have a will outside the will of the appointer; the arm barely has a life so much so that it lacks the capacity to live on its own.
A careful assemblage and perusal of cases having political inclinations will unveil how judges look for loopholes either in facts or law to justify decisions which are manifestly unjustifiable. This gives one the ability to think that its actions are premeditated and volitional. The hope hitherto reposed in this arm by the masses wanes and dies daily. A degree of Independence and reform is therefore unavoidable if an attempt is to be made to give the arm a new face and restore it. The independence of the judiciary therefore is the only way the judiciary can have a life of its own and truly live it.
