RESTRUCTURING THE NIGERIAN JUDICIARY TO ENSURE JUDICIAL INDEPENDENT: A COMPARATIVE ANALYSIS

ABSTRACT

Section 17(1) provides that the independence, impartiality and integrity of courts of law and easy accessibility shall be secured and guaranteed. For the judiciary to perform to its optimal, it should have some modicum of independence. It is rather unfortunate to note that this provision is under the fundamental objective and directive principles of state policy whose provisions by virtue of section 6(6) of the CFRN 1999 are not justiciable. It is therefore made manifest that the constitution itself after providing for the independence of the judicial arm of government, render such independence unenforceable. This poses a challenge to the judicial arm of government as to whether it is truly independent. In furtherance with the aforementioned, the judicial sector does not ensure the needed independence for the judiciary to perform its functions impartially. This takes leap from the process of appointment of judges, dismissal of judges, funding and general conditions of service of judicial officers and personnel which are basically left in the hands of the executive. This can be buttressed by taking a perusal into the Nigerian Judicial system and comparing its policies to that of developed states with the United States, Canada, and Australia in view in terms of their appointment of judges, tenure/removal of judges and remuneration of judges. The question that therefore bothers around mind is whether the Nigerian judiciary is truly independent and in a comparative analysis done in this work comparing the Nigerian judicial system and the judicial systems of the aforementioned countries, it was established that the constitutions of these countries did not really provide good grounds for the concept of independence of the judiciary, the provisions of their constitutions vested power on mostly the executive and the legislative arm of government in terms of appointment of judges, tenure/removal from office of judges and to some extent remuneration of judges. xviii Nigeria who to some extent on the books gave recognition of the independence of the judiciary more than these other countries cannot really boast of same practically. It is recommended that the process of appointment of Judges which is basically left in the hands of the executive and legislature be changed. And judicial officers be elected the same way these other arms of government are elected and these can lead to equality in so many angles, also the remuneration of judicial officers be done in the same the other arms of government are done.