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All Journal Activa Yuris: Jurnal Hukum
Ishmael U. Gwunireama
University of Port Harcourt
Law, Crime, Criminology & Criminal Justice

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The Judiciary as Bulwark of the Rule of Law and Democracy in Nigeria Ishmael U. Gwunireama
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.11950

Abstract

Democracy, especially constitutional democracy, rests on the rule of law, which rests on the legislature, executive and judiciary tripod. Nigeria has adopted these principles since independence to date, although with military interregnums. The roles of the legislature and executive are often highlighted partly because of electioneering procedures of the manifesto (propaganda), voting, among others. The contrary is the case with the judiciary, which appears to be in the background but plays very pivotal roles in preserving the rule of law and democracy principles. It does not issue manifestoes; it neither campaigns nor seeks election and does not hold constituency meetings. As a result, its roles in engendering the rule of law and democracy in Nigeria are less known. With the aid of decided cases, this work contends that the judiciary is indeed the bulwark of the rule of law and democracy. Therefore, those trampling on the judiciary, especially its independence should be cautious to know that but for the judiciary the minimal progress Nigeria has made in implementing the principles of rule of law and democracy would not have been achieved in the face of the excesses of the legislature and executive. In the same vein, the judiciary must purge itself and be of high moral turpitude to effectively play these sacred roles.
Appraisal of Existing Frameworks on Judicial Independence in Nigeria Ishmael U. Gwunireama
Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i1.11951

Abstract

Frameworks enhance the independence of the judiciary. Thus, there are different types of frameworks on the independence of the judiciary: legal and institutional. These are subjected to examination to bring them in line with current realities. This has necessitated the volume of pieces of literature proposing frameworks for reforms. Thus, in addition to the legal and institutional frameworks is the textual framework. The legal frameworks cover legislative enactments like the Constitution of the Federal Republic of Nigeria 1999(as amended), institutional frameworks like the regulations handed down by the National Judicial Council (NJC) and textual frameworks which are academic works of scholars, jurists and legal practitioners. This paper undertook an appraisal these frameworks and made proposals, like an amendment to s. 271 CFRN 1999, for further reforms, towards enhancing judicial impendence in Nigeria and aligning it with international standards.
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