The Independence of the Judiciary in Nigeria; Problems and Prospects

Abstract

The performance of the judiciary in Nigeria has always been subjected to scathing criticism. Many Nigerians, for example, have come to believe that the judiciary can hardly be independent because it is a mere extension of the executive organ and more importantly that some judges are just too corrupt and timid to dispense justice without fear or favour. Every court judgement which goes against them is therefore easily attributable to corrupt deeds of the judge or to interference in the judicial process by the executive organ. But few have actually taken the pains to analyse the entire problems of the judiciary, for if such analysis had been made, Nigerians would probably have come to appreciate that the problems facing the judiciary in Nigeria go beyond the stereo-typed accusations of corruption and timidity which are just human shortcomings. The problems are indeed more institutional and environmental than human. The problems the legal profession itself faces, such as the type of laws, colonial legacy, legal education and the demands of the society, all go a long way in determining the quality of the judiciary. This article discusses some of these problems and suggests a number of ways which can help to restore the confidence of Nigerians in their judiciary.