THE SCOPE OF JUDICIAL INDEPENDENCE UNDER THE 1999 CONSTITUTION (AS AMENDED)

ABSTRACT

Independence of the judiciary is a basic feature of the Constitution and pre-requisite for the smooth functioning of government. It is indispensable in democratic systems of government all over the world. The concept of judicial independence in Nigeria has been a subject of discussion and debate over the years. The judiciary plays the important role of interpreting the law, protecting the Constitution and resolving disputes between individuals and the government amongst others hence the need for it to be independent.

This long essay analysed the scope of judicial independence under the 1999 Constitution of the Federal Republic of Nigeria as amended. The study was borne out of the fact that despite the constitutional provisions for the independence of the judiciary, judicial independence has been mirage in Nigeria. The study found that judicial independence is not total or complete due to the inability of the executive to comply with some provisions of the constitution especially with regards to power of appointment, removal and discipline of judicial officers. That State Governors have failed to comply with the provision of section 121(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Executive Order 10 of 2020 granting financial autonomy to State legislatures and the judiciary.

Based on the findings from the study, it has been recommended that state government should be made to uphold and comply with constitutional provisions especially section 121(3) of the Constitution; and that the tenure of judicial officers be secured through an amendment of section 292(1) to provide for 2/3 majority either of the National Assembly or State House of Assembly before removal of a judicial officer. Requisite conclusions were drawn based on the findings and recommendations made.