Nigeria’s democracy has been under scrutiny over the years, and her judiciary has struggled to adequately perform its duties. The judiciary is the cornerstone on which democracy can expand and evolve. Only in a democratic environment can the judiciary function, which is tasked with protecting both constitutional and citizen rights. However, the code of the separation of powers, which states that lawmakers and those in charge of enforcing laws should be distinct, serves as the backbone of the judiciary in a democracy. Similarly, individuals who are in charge of implementing laws into practice and those who are to interpret them ought to be kept apart. The judiciary needs to be effective in order for democracy and good governance to flourish. The Nigerian judicial system faces a variety of difficulties. The judiciary’s duty is spelled out precisely in the 1999 Nigerian constitution, which is still in effect today. Additionally, judicial independence was provided for. It defines any question involving the rights and obligations of citizens, as well as the penalties for offences. Furthermore, the judiciary guarantees that the executive and legislative branches of government operate within the constitutional parameters.

Key Concepts

Judiciary

It is important to keep in mind that the judiciary is fundamentally comprised of a network of courts that not only interprets but also applies the legislation in the interest of a state. To put it another way, the judiciary is reflected in the courts, with the supreme court of Nigeria serving as the highest court in the country. It is often referred to as the system for resolving disagreements inside a state. Idealistically, the judicial arm of government is assumed to be the protector of citizen rights and the constitution. The judiciary is concerned with the distribution of authority and the operation of courts.

Democracy                                                                                            

The term “democracy” refers to a form of governance in which the people exercise power either directly or through periodically elected representatives (Appadorai, 1975). Abraham Lincoln stated that democracy is government of, by, and for the people. The term “democracy” refers to a political system in which the government obtains its authority from the consent of people it governs, typically through constitutional means (Hughes, 2008).

CHALLENGES FACED BY THE NIGERIAN JUDICIARY

Corruption

Nigeria’s corruption problem cannot be overstated, as no sector of the country is immune to it. The judiciary has problems with bribery and perverting justice. More frequently than not, individuals have influenced court decisions by bribing judges. This heinous act does nothing except lend credence to the widely held belief that the Nigerian judicial system is inherently tainted with corruption. If corruption is not eradicated from the judicial system, there is little prospect for the average citizen to receive justice in their case.

Poor Infrastructure

The judicial system in Nigeria is plagued by a number of operational challenges. This includes ridiculously poor infrastructure, unnecessary adjournment, and a wide variety of lawsuits and appeals. It is regrettable that the infrastructure of some of Nigeria’s courts is in such a decrepit state at the present time. In some courtrooms, the machinery is completely worn out, and others have shattered windows and leaking roofs. This suggests that these courts are not receiving the appropriate level of care. In other words, there is nothing particularly noteworthy about the Nigerian judicial system. It might be argued that the government does not value the judicial system very highly given its current dismal state.

Insufficient Funding

It is important to take into account that the Nigerian judiciary gives off the impression of being a destitute institution. The former Chief Justice of Nigeria, Ibrahim Tanko Muhammed, concurred with this declaration as well. He portrayed a picture of the judicial system needing to grovel in order to obtain cash. This suggests that the judicial system no longer functions independently. This embarrassing characteristic has caused the judicial system to succumb to the temptation of subverting the administration of justice (Ozah, 2019). Due to the beggarly status of the judiciary, it is possible to sell or purchase a judgment.

Threat on Judges

It should also be mentioned that in recent years, criminals and security forces have stormed courts and the houses of Nigerian judges (Okakwu, 2016). In a similar vein, a few judges have said that they have received death threats from a few different persons. This is done with the primary intention of instilling dread in the minds of the judges and, as a result, affecting the verdict reached in a case. Unidentified shooters have also carried out assaults on a number of other legal personalities. This pattern of intimidation is not good for the judicial system since it might lead to the corruption of the legal system. When one considers that Nigeria is supposed to be a democracy, the fact that government officials can disobey judicial orders is a shocking and deplorable development. Omoyele Sowore, the convener of the Revolution Now demonstration, was arrested on August 3, 2019, and the Federal High Court had ordered the Department of State Service (DSS) to release him. However, the Department of Social Services did not comply with the court’s decision. Omoleye Sowore was eventually let go by the Department of State Services on December 5, 2019 (Ogunjobi, 2019). On December 6, 2019, he was, however, taken into custody once more by the DSS in a horrifying fashion. This time, members of the DSS stormed the courtroom and caused a disruption in the proceedings; attorneys and media were also ejected from the building (Ogunwale, 2019).

Recommendation

The question of the autonomy of the judiciary is the first one that needs to be answered. Contrary to what many people believe, this is not a luxury. It is the responsibility that is required of every judge to adjudicate conflicts with impartiality as well as uprightness on the basis of what is obtainable in the law and the evidence. This obligation must be fulfilled in order to fulfill one’s professional obligations. This should be accomplished without the application of any kind of external pressure.

In a similar line, appropriate funding needs to be provided for the judicial system. This indicates that the judicial branch should not always have to go begging for money from the federal government whenever it has requirements for resources. It is possible that this will give people the idea that the government is trying to influence or is in control of the judicial system. It is imperative that the numerous courts with subpar infrastructure be updated to meet the requirements of the international community.

It is imperative that the safety of judges and the members of their families be ensured. This matter needs to be addressed very seriously since a threat made against a judge’s family may force the judge to break the law and tamper with the course of justice. In order to accomplish this goal, a sufficient security detail ought to be attached to judges so as to guarantee their protection. Every member of the judicial system who is found guilty of subverting the course of justice must be removed from their positions. In the end, it is necessary to lay an emphasis on the rule of law, and appropriate procedures must be established in order to carry out court orders.

REFERENCES

Appadorai, A. (1975). The substance of politics. New Delhi: Oxford University Press.

Hughes, M. R. (2008). Sociology the core. New York: Mc-Graw Hill.

Ogundipe, S. (2019, December 24). SSS releases Sowore from Illegal detention. Premium Times Newspaper. Retrieved December 27, 2019, from https://www.premiumtimesng.com/news/headlines/369751-breaking-sss-releases-sowore-from-illegal-detention.html

Ogunwale, G. (2019, December 7). Sowore:DSS invasion of court slide into dictatorship, says PDP. Retrieved December 7, 2019, from https://thenationonlineng.net/sowore-dss-invasion-of-court-slide-into-dictatorship-says-pdp/

Okakwu, E. (2016, October 8). EXCLUSIVE: Untold story of SSS raids on judge’s homes in Abuja, five states. Premium Times Newspaper. Retrieved November 17, 2019, from https:www.premiumtimesng.com/news/headlines/212351-exclusive-untold-story-sss-raids-judges=homes-abuja-five-states.html

Ozah, M. (2019, October 2). The trial of Nigeria’s judiciary. The Guardian Newspaper. Retrieved November 25, 2019, from https://m.guardian.ng/opinion/the-trial-of–nigerias-judiciary/