THE JUDICIARY

Topic of the day

- The constitutional role of the judiciary in Nigeria

- The challenges confronting the effective administration of justice in Nigeria today

THE CONSTITUTIONAL ROLE OF THE JUDICIARY IN NIGERIA

In Nigeria, the judiciary performs a number of constitutional responsibilities outlined in the Constitution of the Federal Republic of Nigeria. Some of these roles are:

1. Interpretation of the Constitution:

Section 6(2) of the Nigerian Constitution empowers the judiciary to interpret the provisions of the Constitution and ensure that all laws, actions and policies are consistent with the provisions of the Constitution.

2. Deliver justice:

The judiciary is responsible for resolving disputes, maintaining law and order, and ensuring that justice is done fairly and impartially. This includes hearing the case, rendering judgment, and providing redress or compensation to the injured party.

3. Protection of fundamental rights:

Sections 33 to 46 of the Constitution guarantee various fundamental rights to Nigerian citizens. The judiciary has a duty to protect these rights by providing legal remedies in cases of infringement.

4. Checks and balances:

The judicial branch provides checks and balances on the power of the executive and legislative branches. It ensures that they act within the constitution and do not exceed the scope of their powers.

5. Consulting role:

According to Article 6(3) of the Constitution, the judiciary also has advisory functions. It may provide legal advice to other departments of government on matters relating to the interpretation and application of laws.

6. Review legislative acts:

The judiciary has the power to review laws passed by the legislature and declare them unconstitutional if they conflict with the provisions of the constitution.

7. Guardian of the Rule of Law:

It ensures that the country upholds the rule of law, maintains order and ensures that legal procedures are followed in all matters.

Like many other democracies, Nigeria’s judiciary is an important pillar in maintaining the balance of power, protecting citizens’ rights and upholding the constitution.

THE CHALLENGES CONFRONTING THE EFFECTIVE ADMINISTRATION OF JUSTICE IN NIGERIA TODAY

The challenges to effective justice in Nigeria are complex and multifaceted. While I cannot provide specific examples, here are some common issues and legal provisions that outline these challenges:

1. Backlog and delays in judicial proceedings:

Article 36(1) and (4) of the Constitution: These articles guarantee the right to a fair and speedy trial. However, backlogs of cases and lengthy legal proceedings often violate these regulations.

2. Corruption and judicial integrity:

Article 15(5) and Article 174 of the Constitution: Corruption within the judiciary undermines its effectiveness. Section 15(5) emphasizes the eradication of corrupt practices and Section 174 provides for the prosecution powers of the Attorney General. Examples of bribery, influence peddling and unethical behavior erode public trust in the judiciary.

3. Insufficient infrastructure and funding:

No specific section directly addresses the issue, but Article 6 of the African Charter on Human and Peoples’ Rights recognizes the right to a fair trial: Inadequate court infrastructure, underfunding and a lack of modern technology hinder the effective functioning of the justice system.

4. Multiplicity of courts and conflicts of jurisdiction:

Section 6(5) and (6) of the Constitution: These sections provide for the hierarchy of courts in Nigeria. However, overlapping jurisdictions and conflicts between federal and state courts cause delays and confusion in the legal process.

5. Limited access to justice:

Article 36(6) and (12) of the Constitution: These sections ensure access to legal representation and a fair hearing. However, the high cost of legal services and geographical barriers limit access to justice for many citizens, especially in rural areas.

6. Enforcement and Compliance Issues:

Articles 287 and 308 of the Constitution: Article 287 mandates compliance with court orders, while Article 308 confers immunity to certain public officials. Challenges arise when court orders are not effectively enforced or when officials claim immunity to avoid legal process.

Addressing these challenges requires comprehensive reforms, including judicial reforms, to increase efficiency, strengthen anti-corruption measures, improve infrastructure, ensure adequate funding, streamline court jurisdiction and increase access to justice for all citizens.