JUDICIAL SYSTEM PROBLEMS IN NIGERIA AND SOLUTIONS
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JUDICIAL SYSTEM PROBLEMS IN NIGERIA AND SOLUTIONS
CHAPITRE ONE
1.0Introduction
The Judiciary represents the country’s judicial system, as well as judges and justice. It serves as the third branch of any modern government.
This was popularised by Montesquieu, a French political philosopher and jurist who proposed separating judicial tasks from legislative and executive functions in order to prevent tyranny.
In modern democratic countries, a court system involves a judicial organisation of graduated competencies of hierarchical structural arrangement from lower to superior courts, courts of first instance to Supreme Court, where appeals are taken or heard, and special courts or tribunals.
Finally, for justice to be fair and equitable in any political environment, it must combine autonomy with accessibility and some degree of uniformity.
To be fair, one must be objective and fearless. To be equitable, court rules must be administered equally as rewards and punishment to both the poor and the rich. Autonomy implies independence and power.
1.1 Background Of The Study
The Judiciary branch of government is responsible for interpreting the law of the land and applying it when appropriate; this makes the Judiciary’s role extremely important.
The law of the land is the foundation upon which judgements are based; it is therefore critical that its interpretation and execution be carried out with absolute speed and precision (Chambers, 2005).
The Nigerian judicial system is made up of two parts: ‘the Body of Benchers’ and ‘the Bar’ itself. The Body of Benchers is a group of the country’s highest-ranking legal practitioners, led by the Chief Justice of the Federation.
It also includes the various Chief Judges of the Federation’s States and some of the country’s most prominent lawyers, whilst the Bar is a body comprised of all barristers in the country. The ‘Nigerian Legal Class’ is made up of these individuals. The Nigerian judicial system has come a long way since its colonial origins.
It was tasked with monitoring the activities of the Executive and Legislative branches of government. The Judiciary, in reality, plays a critical role in the growth of the country because it is the mechanism that regulates the use and management of power in the country.
If the power placed in the Executive and Legislative offices is not curbed, the majority of the populace will face several difficulties and obstacles (Akpuru-Aja, 1999).
The Judiciary’s principal role is to guarantee that the Executive and Legislative branches of government operate within the confines of the constitutional provisions that have been made available to them. While carrying out its constitutional duties, the judiciary should be kept apart.
It does not require interference from the Executive or the Legislature to carry out its core mission. It operates independently of any external interruptions and exercises the constitutional authority bestowed upon it. The Nigerian judicial system has faced numerous obstacles.
The Judiciary was subjected to severe emasculation throughout the shambolic military era, to the point where it lost the content of its name and simply existed as a nomenclatural body. To put it mildly, “the Judiciary sank into oblivion.”
However, with the introduction of democracy came an organised political façade that gave the Judiciary its appropriate place as the polity’s watchdog.
The importance of the Judiciary in any political system cannot be overstated; thus, the constitution guarantees for its absolute independence in order for it to carry out its holy constitutional job without feelings or reservations (Akpuru-Aja, 1999).
Personnel issues are by far the most demanding obstacle confronting the court, and they are the single most serious threat to the judiciary’s sanctity as a bulwark of justice. The judiciary is made up of judicial officers who are human and hence susceptible to the insidious character of human nature.
While there are good, intellectually sound, and upright judicial officers of impeccable character and integrity in Nigeria, it is unfortunate to say that a sizable percentage of judicial officers in Nigeria fall short of the standard expected of judicial officers in the areas of intellectual capability, uprightness, character, and integrity, and this reflects in the poor quality of judgements delivered by the various courts in Nigeria, as well as the growing problem of conflicting judgements annexe
The Nigerian legal system is plagued by various procedural flaws that make it difficult to get justice and quickly resolve conflicts in court.
Most of Nigeria’s procedural rules are in desperate need of reform and revision in order to align with the need to eliminate technicalities while upholding substantive justice. A situation in which many cases in Nigerian courts take years to resolve does not auger well for the legal system and encourages unhappy litigants to resort to self-help.
1.2 Statement Of The Problem
There is no doubt that the Nigerian court is beset by a slew of issues ranging from institutional to personnel issues, inadequate facilities to insufficient financial provisions, and procedural to constitutional issues.
Previous researchers who sought solutions to the problems proposed that there is an urgent need for continuous training and re-training of judicial officers in the form of workshops, seminars, and symposiums for judges to update their knowledge,
as well as restructuring the appointment process of judicial officers to ensure that only persons of acceptable intellectual capability, character, and integrity are appointed to the bench. However, the researcher is looking at the Nigerian court system in order to uncover flaws and offer solutions.
1.3 Objectives Of The Study
The following are the study’s objectives:
1. To investigate the shortcomings in Nigeria’s judicial system.
2. To figure out how to solve difficulties in the Nigerian legal system.
3. To identify the variables that contribute to difficulties in the Nigerian judicial system.
1.4 Research Questions
The study will be guided by the following research questions:
1. What are the issues with Nigeria’s judicial system?
2. What is the solution to the Nigerian court system’s problems?
3. What reasons are causing problems in the Nigerian legal system?
1.5 Research Hypotheses
In the study, the following hypotheses will be tested:
Ho:The Nigerian judiciary system is failing to provide justice to the people.
Hi:The Nigerian judiciary system is failing to provide justice to the people.
Ho: There is no way out of the corruption in the Nigerian justice system.
Hi; A solution to the corruption in the Nigerian justice system has been presented.
1.6 Significance Of The Study
The following are the study’s implications:
1. The findings of this study will educate the general public about the difficulties in the Nigerian justice system, with the goal of finding long-term solutions.
2. This research will also serve as a resource base for other academics and researchers interested in conducting additional research in this sector in the future, and if implemented, will go so far as to provide new explanations for the topic.
1.7 Scope and Limitations Of The Study
This study will address all of the challenges that exist within the Nigerian legal system, as well as the ways that may be employed to solve the problem and improve service.
1.8 Limitations Of The Study
1. Financial constraint- Inadequate funds tend to hamper the researcher’s efficiency in locating relevant materials, literature, or information, as well as in the data collection procedure (internet, questionnaire, and interview).
2. Time constraint- The researcher will conduct this investigation alongside other academic activities. As a result, the amount of time spent on research will be reduced.
1.9 Definitions Of Concepts
The judiciary is concerned with the interpretation of law and the administration of justice by providing precise interpretations of legislation enacted by the legislative branch.
A system is an organised or complex whole, as well as an assemblage or collection of items or pieces that constitute a complex or unified whole.
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