Nigerian Judiciary Research Articles

The quest of fiscal autonomy for judicial independence: the case of the Nigerian judiciary and its challenges

ABSTRACT The executive arm of the government in Nigeria has been underfunding the judiciary due to its lack of fiscal (financial) autonomy. However, despite the Nigerian judiciary being granted fiscal self-autonomy by the court in 2014, it continues to fall short of one of the main criteria for judicial independence due to inadequate budgetary support. Thus, the article examines the judiciary’s independence and its challenges from poor funding. It employs a qualitative methodology and desk research sources to examine several provisions of the Nigerian constitution, analyze the practicalities of fiscal autonomy from a comparative perspective between Nigeria and other countries, and determine the inadequate funding of the Nigerian judiciary by placing its percentage of budgetary allocation against the nation’s total annual budget over the years. The article suggests the need for implementation structures of fiscal autonomy involving a time frame of budgetary allocation directly to the judiciary to assure its independence and efficient funding for the provision of court services.

Rethinking the Applicability of Judicial Precedents and the Sustainability of the Independence of the Judiciary in Nigeria

This paper examines the judicial powers of the courts and the jurisdiction of the courts as provided by the Constitution of the Federal Republic of Nigeria, 1999. The paper also examines other relevant statutes to give an insight into the independence or otherwise of the Nigerian judiciary. It also highlights the doctrine of separation of powers and the rule of law as constitutional principles geared towards safeguarding the sanctity and independence of the judiciary. It further discusses the factors affecting the independence of the judiciary including judicial precedent as it affects the independence of the judiciary. It concludes that the observance of the rule of law and independence of the judiciary in ensuring the sanctity of the temple of justice is the bedrock of a democratic society.

Virtual Court Proceedings in Nigeria: Some Legal Matters Arising

The outbreak of COVID-19 brought about the hitherto uncommon practice of e-filing as well as the practice of virtual court proceedings in the Nigerian Judiciary in a bid to dispense with extremely urgent, essential, or time-bound matters. The Lagos State High Court had its first virtual or remote court hearing on May 4, 2020, where a driver, Olalekan Hameed, was tried, convicted, and sentenced for the murder of 76-year-old Mrs Jolasun Okunsanya virtually. In the wake of these developments, there have been legal debates on the constitutionality or otherwise of virtual hearings. This Article examines the debates on the constitutionality or otherwise of the Nigerian courts’ adoption of virtual court proceedings. The paper concludes that though utilizing the development brought by ICT, the internet, and associated technologies, virtual court proceedings, and e-filing are practicable and desirable, a lot needs to be done in terms of building the capacity of the Judiciary, amending the rules of court, the RPC, reviewing the curriculum of Nigerian Law School and in mandatory training of lawyers on the use of ICT in legal practice.

Structure, Constitutional Roles and Historical Trajectory of Judicial Independence in Nigeria

The constitution delineates the functions and organizational framework of its organs. This study investigates Nigeria's judicial independence, scrutinizing its structure, constitutional mandates, and historical evolution. It finds that the Nigerian judiciary has both legal and administrative structures, with the legal structure concerned with the dispensation of justice. In contrast, the administrative structure is concerned with the appointment, removal, discipline, remuneration and qualifications of the judicial officers. The constitutional power of the Judiciary enables it to perform duties as expected, and its primary function is that of adjudication. The judiciary's responsibilities extend to interpreting laws and applying the constitution to legal queries, encompassing jurisdiction over various legal domains. This paper delves into the judiciary's independence, contextualized within historical perspectives. The judicial system, prior to the colonial rule, functioned traditionally as a religiously based social control and peace-keeping mechanism. Judicial independence assures unbiased decision-making, immune to external influences, and upholds the principles of justice. Unfortunately, there is still the judiciary's susceptibility to political influence in Nigeria up till now.

Women’s Rights in Nigeria’s Indigenous Systems: An Analysis of Non-Discrimination and Equality under International Human Rights Law

The Nigerian legal system is diverse in that it recognizes several established legal systems that regulate how Nigerians conduct themselves. These legal frameworks include the civil law that was passed down from the British during and after colonization, pre-colonial customary laws and cultural practices, and religious laws (Christian and Islamic laws). Different kinds of norms and laws have subjected Nigerian women to violations of their rights depending on the woman’s cultural or religious affiliation. Such cultural and/or religious practices are usually in opposition to civil law and the Nigerian constitution, which is a custodian of these rights. Moreover, despite the supremacy of the constitution and expected compliance with international human rights treaties that Nigeria has ratified, the fact is that today there are impediments to the effective protection of women’s rights in Nigeria. For instance, although the Nigerian constitution outlaw’s discrimination on the grounds of gender, customary and religious laws continue to restrict the effective implementation of women’s rights, making it extremely difficult to harmonize domestic legislation with international human rights conventions, and also remove discriminatory measures. This article, thus, examines the issues of gender inequality as the basis for agitation for women’s empowerment and women’s rights while also proposing a re-alignment of domestic legislation in compliance with international human rights conventions and treaties, in order to combat cultural and religious norms that flout human rights considerations for Nigerian women. Therefore, the main objective of this paper is to highlight the challenges that may arise when these legal systems clash, and how that affects the protection of women’s rights, particularly in view of international human rights treaties which Nigeria has signed and ratified. The article will therefore propose that women’s rights should be protected by seeking to eradicate cultural and religious practices that are discriminatory. This can be achieved by adopting laws which can be interpreted by domestic courts in line with constitutional requirements protecting the rights of women. It is noteworthy that the Nigerian judiciary has declared certain customs and traditions contrary to natural justice, equity and good conscience. Some of the case laws and judicial pronouncements will also be examined in this paper to enable implementation for the protection of women’s rights. The methodology adopted is desk-top legal research where judgments of courts and legislative enactments will form the basis of the findings of this paper.

Enhancing the Right to Health in Nigeria through Judicial Intervention

AbstractHuman rights are best protected when they enjoy the binding enforceability of the law. Recognizing the binding status of human rights in national constitutions and legal systems is central to demanding accountability, compelling actions and sanctioning violations. Conferring human rights with legal recognition also empowers people and provides the option of pursuing remedies. Furthermore, the duty of the state to protect and respect human rights is triggered when they receive prescription under the law. In Nigeria, however, certain rights pertaining to economic, social and cultural rights do not receive the binding force of constitutional law. This article argues that the judiciary can act as an alternative and complementary recourse to advance and secure the commitment to the right to health. Drawing on a comparative perspective from countries where the judiciary has proactively upheld this right, it maintains that the Nigerian judiciary can take action to enhance the legal and judicial implementation of the right to health.

CORRUPTION IN THE NIGERIAN JUDICIAL SYSTEM: THE WAY FORWARD

Nigeria as a country operates Federal System of government where the principle of separation of powers is hinged on a separation of the three arms of government namely, the legislature, executive and the judiciary. The essence of their separation is to avoid fusion of powers among the three arms so as to ensure checks and balances that guarantee good governance in the country. Using a qualitative study which is based on a historical analytical descriptive approach that revolves around a combination of historical literature where both secondary and primary sources of data were utilized, to arrive at logical findings, the study argued that, the Nigerian judiciary which has been described by certain scholars as the last hope of a common man and also the bastion of democracy is saddle with the responsibility of interpreting the laws as well as determining and resolving dispute between individuals on one hand, and between states and other levels of government on the other hand. But regrettably, right from the military regime up to the present-day democratic experiment in Nigeria, the judiciary has been deeply abashed or embroiled with corrupt practices of various degrees. The paper is therefore, tailored towards examining not only the causes of corruption in Nigeria’s judicial system but also the implications of corruption on our justice system. The paper finally canvases for total over hauling of the judiciary system for optimal performance of the sector in order to rekindle the lost confidence of Nigerians on the justice ministry or sector.

Artificial Intelligence and Technology for Improving the Efficiency of The Judiciary in Nigeria

Technology is an essential component of the civilization of twenty-first-century society and one of the key forces influencing public sector organizations. Public infrastructures like transportation systems and important service delivery are managed using technology and powerful computing software. Artificial intelligence (AI) on the other hand helps to add intelligence to computing devices and applications through learning, reasoning, and perceiving things from data. However, the level of adoption or application of these technologies in the Nigerian judiciary seems to be low as seen during the covid-19 outbreak. The closed down of courts led to an increase in the backlog of cases due to the suspension of court proceedings. Even the option of filling cases using technology like WhatsApp could not function effectively. AI can This paper identifies some areas technology and AI can improve the performance of Nigeria’s judiciary and increase the speed of justice dispensation.

An Appraisal of the Power of Pardon under Nigerian Law: Lessons from Other Jurisdictions

The exercise of the presidential pardon power has generated periodic controversies and elicited various reform proposals in Nigeria. The power is often exercised in ways that are clearly at odds with the Nigerian Society’s interest, including granting pardons to facilitate narrow partisan interest and other personal ends. Sections 175 and 212 of the Nigerian Constitution, which codifies in Nigeria the sovereign pardon powers available in Britain, worsens the problem and fails to provide guidelines or standards for exercising the power. The need to rationalize and curb pardons has raised significant concerns among legal practitioners as to whether the pardon power is a pre- or post-conviction instrument, with the Nigerian judiciary weighing in on the side of the post-conviction argument as a way of making pardons fit unto a retributive and equitable system of distributing justice to offenders. Using doctrinal research method, this paper examined the total amplitude of the power within the narrow confines of this riposte provoking issue, especially in the light of the text of the Constitution and the justification or otherwise of the position of the Nigerian judiciary. The paper also adopted the comparative approach by critically examining the position obtainable in the U.K. and USA on the pardon powers of the head of state, and concluded that Nigeria must follow the tradition prevalent in these Common Law countries where the full effect of the power is limitless to the pre- or post-conviction stage.

The Infallibility of Supreme Court Verdicts and Sustainable Democracy in Nigeria

The Supreme Court is final not because it is infallible; but it is infallible because it is final” – this status quo of the Supreme Court of Nigeria and its application in various electoral cases, especially in the just concluded 2019 general elections in Nigeria has aroused mixed feelings and raised questions on the credibility of the Nigerian Judiciary and its capability of enshrining sustainable democracy in Nigeria. Meanwhile, according to the report of the Kayode Eso Panel on Reform of the Judiciary, the mindset of an average Nigerian is that “the Nigerian Judiciary hardly redeems itself from the unfortunate image it acquired during the military interregnum when it was described as a judiciary in patent chaos, riddled with corrupt Judges and in need of urgent and radical reform”. This study which sought to explore the infallibility of the Supreme Court and sustainable democracy in Nigeria; the effect of the infallibility of the Supreme Court verdicts on sustainable democracy in Nigeria; and the effects of bribery and corruption of the Supreme Court Justices on sustainable democracy in Nigeria, is an exploratory research which employed qualitative method of research and adopted the Transitional Jurisprudence Model as propounded by Ruti Teitel (2015) to analyze these. The study found that the bribery and corruption of the Supreme Court Justices has significant effect on sustainable democracy in Nigeria; and that the infallibility of the Supreme Court verdicts have significant effect on sustainable democracy in Nigeria. The study recommends among others that there is need for the independence and accountability of the Judiciary with the other arms of the government in Nigeria.

The Feasibility Of Judicial Autonomy In the Face Of The Nigerian Judiciary Reality

The Feasibility Of Judicial Autonomy In the Face Of The Nigerian Judiciary Reality

Restoring Public Confidence in the Nigerian Judiciary

The judiciary is a noble institution which plays a central role in any society. Using the recent scandal that led to the resignation of Nigeria's Chief Justice, the paper examines the increasing corruption in the Nigerian judiciary. It also reflects on some of the structural and normative issues that require urgent attention in order to address the rot.

Comparative Exposition of Judicial Interventionism in the Enforcement of the Healthcare Right in Nigeria and India

The significance of health to national life has made successive governments in Nigeria and India design certain fundamental policies to regulate, control and guide healthcare service delivery. Since the incorporation of fundamental human rights into the two countries’ constitutions, the healthcare right has appeared as one of the fundamental objectives and directive principles of state policy. This requires governments to put in place policies geared towards implementing these obligations. However, regarding economic and social rights, the Nigerian judiciary has generally played a restrictive or a rather passive role in their enforcement. In contrast, Indian courts have employed a much more pragmatic approach to implementing economic and social rights. The problem with these rights is that judicial intervention resulting from a violation of the healthcare right remains a challenge because section 6(6)(c) and article 35 of the Nigerian and Indian constitutions, respectively, make economic and social rights non-justiciable. The article makes a comparative analysis of the practice in Indian and other jurisdictions in order to justify the possibility of embracing the enforceability of the rights, having regard to the link between economic and social rights and civil and political rights in Nigeria. By drawing on judicial synergy, this article suggests a legislative intercession to bring health rights within the enforceable rights by taking advantage of section 13 and item 60 of the Nigerian Exclusive Legislative List. In addition, the author recommends that the relevant international conventions signed by the country should be domesticated.

Is the Non-Justiciability of Economic and Socio-Cultural Rights in the Nigerian constitution Unassailable? Re-Examining Judicial Bypass from the Lens of South African and Indian Experiences

The 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions.

Women in the Nigerian judiciary: considerable headway or organised progress?

ABSTRACT Women have made considerable progress in terms of their entrance into the legal profession, such that they are advancing towards parity with men on the High Court benches in Nigeria. This study is a product of qualitative empirical data gathered from interviews with judges and information gleaned from government records and personal files of judges in the Archives of the judiciaries in Mid-Western Nigeria. It identifies reasons for the increase in the number of women on the High Court Bench in the area. Women entering the legal professions in Nigeria from the 1930s opted for a career in government legal service and the Magistracy with less financial remuneration but regular work hours, than in private legal practice that provides higher remunerations and irregular work hours. Findings reveal that the number of women judges increased when it became fairly established to tunnel 90% of appointments to the High Court from these channels. The preliminary conclusion therefore, is that, although women lawyers have made considerable headway as High Court judges, the increase in their numbers on the High Court bench was not as a result of any organised policy to increase the number of women judges in Nigeria.

Journalism practice and application of the contempt of court principle in the Nigerian judiciary

The people’s right to know is a cardinal feature of democratic governance. In the judiciary, the right to know presupposes an open justice system where judges are expected to adjudicate without concealments. As authentic information purveyors in society, the press and the judiciary need collaboration to achieve openness in justice administration and satisfaction of the people’s right to know.Consequently, this paper explores the relationship between Nigerian judges and journalists vis a vis Nigeria’s Chief Judge’s recent directive to the bench to apply “contempt proceedings” in members’ interactions with “wanting” journalists, and the people’s right to know. The paper assessed judges’ professed preconditions for journalists’ presence in court and practical experiences of journalists in Nigerian courts. It identifies a depreciation of values in justice administration behind this morally repulsive relationship between the bench and the press and calls for urgent redress.
 Keywords: Journalism practice, Prejudice, Contempt of court, Justice administration, Judiciary

The Attitude of the Nigerian Judiciary to Environmental Law

The Attitude of the Nigerian Judiciary to Environmental Law

Enforcing ECOWAS judgments in Nigeria through the common law rule on the enforcement of foreign judgments

The ECOWAS Court was established by the Revised ECOWAS Treaty. By virtue of that treaty, the Court has assumed an existence at the international plane and has delivered a number of judgments. This study therefore examines the enforcement of the judgments of the ECOWAS Court in Nigeria as a Member State. The study finds that Nigeria has not been enforcing the judgments of the Court like other Member States. The study further finds that there are five sources of international law namely: treaties, custom, general principles of law recognised by civilised nations, judicial decisions and the writings of the most qualified publicists and that while Nigerian law has addressed domestic effect of treaties and custom, that of other sources most notably the decisions of international tribunals has not been seriously addressed. The study therefore argues that the common law on the enforcement of foreign judgments can be successfully adapted to give domestic effect to the judgments of the ECOWAS Court as an international tribunal in Nigeria. The study therefore recommends that the Nigerian judiciary should take the gauntlet to make the judgments of the ECOWAS Court effective in Nigeria.

Analyse Comparative / Comparative Perspectives

The ECOWAS Court was established by the Revised ECOWAS Treaty. By virtue of that Treaty, the Court has assumed a position on the international plane and has delivered a number of judgments on human rights. However, most of these judgments have not been enforced by the Member States. This article therefore examines the enforceability of the judgments of the ECOWAS Court in Nigeria as a Member State. The article finds that, like other Member States, Nigeria has not enforced the judgments of the Court. The article therefore argues that the Nigerian Fundamental Rights (Enforcement Procedure) Rules 2009 can successfully be used to enforce the judgments of the Court. It recommends that the Nigerian judiciary should take up the gauntlet of enforcing the judgments of the Court.

The right to privacy and law enforcement: lessons for the Nigerian judiciary

The right to privacy and law enforcement: lessons for the Nigerian judiciary