NIGERIA JUDICIAL SYSTEM: PROBLEMS AND SOLUTIONS
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NIGERIA JUDICIAL SYSTEM: PROBLEMS AND SOLUTIONS
CHAPITRE ONE
INTRODUCTION
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 abject emasculation during the shambolic military era, to the point where it lost the substance of its name and only existed as a nomenclatural entity.
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 provides for its absolute independence in order for it to carry out its sacred constitutional function without sentiments or reservations (Akpuru-Aja, 1999).
Personnel issues are by far the most daunting challenge confronting the judiciary, and they are the single most serious threat to the judiciary’s sanctity as a bastion 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 sad to say that a sizeable percentage of judicial officers in Nigeria fall below the standard expected of judicial officers in the area of intellectual capability,
uprightness, character and integrity and this reflects in the poor quality of judgments delivered by the various courts in Nigeria and the growing problem of conflicting judgments and the attendant confusion it brings in the legal system in Nigeria
The Nigerian judicial system is plagued by several procedural flaws that make it difficult to obtain justice and quickly resolve disputes 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 bode well for the judicial system and encourages disgruntled litigants to resort to self-help.
1.2 STATEMENT OF THE PROBLEM
There is no doubt that the Nigerian judiciary 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 into the Nigerian judicial system in order to identify problems and recommend solutions.
1.3 OBJECTIVES OF THE STUDY
The following are the study’s objectives:
1. To investigate the problems in Nigeria’s judicial system.
2. To figure out how to solve problems in the Nigerian judicial system.
3. To identify the factors that contribute to problems in the Nigerian judicial system.
1.4 RESEARCH QUESTIONS
1. What are the issues with Nigeria’s judicial system?
2. What is the way out of issues in the Nigerian legal system?
3. What are the elements encouraging difficulties in the Nigerian legal system?
1.6 SIGNIFICANCE OF THE STUDY
The following are the significance of this study:
1. The results of this study will educate the general public on the problem in the Nigerian justice system with an aim to finding a lasting solution to the problems.
2. This research will also serve as a resource base to other scholars and researchers interested in carrying out further research in this subject later, if applied will go to an extent to provide fresh explanation to the problem.
1.7 SCOPE/LIMITATIONS OF THE STUDY
This study will address all the concerns inside the Nigerian court system and also cover the techniques that may be applied to solve the problem for improved delivery.
LIMITATION OF STUDY
1. Financial constraint– Insufficient cash tends to hamper the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collecting (internet, questionnaire and interview).
2. Time constraint– The researcher will simultaneously engage in this investigation with other academic activity. This therefore will reduce down on the time dedicated for the research task.
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