Independence of The Judiciary: A Vital Ingredient of Nigeria's Democracy.

      

The Judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. It is the branch of government responsible for interpreting the laws and administering justice. It provides a mechanism for the resolution of disputes.

The Judiciary branch plays a crucial role in the checks and balances of power in the government. It also acts as the protector of citizens against the possible excesses of Legislative and Executive organs. The role of the judiciary as the guardian-protector of the constitution and the fundamental rights of the people makes it more vital than the other two organs.

For a country to be said to practice a viable democracy, the Judicial arm of government must have total independence.

Judges have the ultimate responsibility for decisions regarding freedoms, rights and justices of natural and legal persons within their jurisdiction.   The independence of each individual judge safeguards every person's right to have their case decided solely on the basis of the law, the evidence and facts without any improper influence. A well functioning, efficient and independent judiciary is an essential requirement for a fair, consistent and neutral administration of justice. Consequently, judicial independence is an indispensable element of the right to due process, the rule of law and democracy.

       

       Judicial independence means;
- Judges must be free, but obliged, to decide on their own.
- Judges must be set apart from someone else's influence or supervision.
- Judges must be insulated against and independent from all source of improper influence. This includes :
1. All forms of coercion, threat or harassment, direct or indirect.
2. Whether from government, politicians, persons in authority, relatives, neighbors, interested parties fellow judges, chief justices, judicial bodies or organizations.
     Judicial independence is the shield that secures and protect those fundamental, constitutionally enshrined values.

     Who Does Judicial Independence Protect?
      "Judicial independence is not for the benefit of the judge. It is the public's guarantee that a judge Will be impartial, it protects the individuals and the community." Canadian Judicial Council.

To be efficient and meet its objectives, Judicial independence must also protect Judges. Judges have a responsibility to protect their independence and impartiality, not out of self interest but as an obligation to the public in order to maintain the public's confidence in the justice systems.
The court management, judicial compensation process, judicial appointments process, judicial continuing education, judicial conduct review, judicial accountability, e.t.c should be safeguarded and free from the other arms of government.

Section 17 (1) (e) of the Nigerian Constitution (1999) provides that the independence, impartiality and integrity of courts of law and easy accessibility shall be secured and guaranteed. This provision is under the Fundamental Objectives and Directive Principles of State Policy, whose provisions by virtue of section 6 (6) (c) of the constitution are non - justiciable.

In furtherance with the aforementioned, the judicial arm has not been ensured the needed independence to perform its functions impartially. This takes leap from the process of appointment of judges, dismissal of judges, funding and the general conditions of service of judicial officers and personnel which are basically left in the hands of the executive.

Notwithstanding the fact that the independence of the judiciary is not fully protected and ensured by the constitution, the judicial arm is also being attacked and the question that comes to mind is if Nigeria is a Democratic state?
Isn't it hazardous for judges to be raided and arrested by the Department State Service (DSS)? This act was unlawful and is a threat to our country's democracy.
The law provides the procedure in which judges and justices can be arrested and arraigned in court, the authorization by the National Judicial Council is required. When due process is not adhered to, it creates room for anarchy, chaos, lawlessness, name it. The raid on residencies of Judicial officers was ultra vires and unlawful, such acts put the Judicial officers and personnel in a position to be afraid and this is a grave damage to what the judiciary stands for, the procedures for the discipline and removal of judges and justices was clearly stipulated in order to avoid such and to have the judiciary review itself. This is to protect them from external influence. You'd agree with me that if you are afraid of me, you could be unfair in judging my wrong acts by passing judgment to my Favour. The judiciary shouldn't be compromised, we should try and ensure that the June 12 scandal doesn't repeat itself. Thinking the judiciary is corrupt and then interfering with its independence to curb corruption is moving from frying pan to fire.
"The Judiciary is an indispensable organ of government. It's importance cannot be overemphasized. In a nation where the judiciary is not independent, its people would be confronted with injustice and all kinds of intimidation. Democracy as the government of the masses cannot stand in such a country." Damiete West.

How can the judicial arm protect the citizens against the possible excesses of the legislature and the executive when it is also subject to their control? Democracy as defined by ex- President Abraham Lincoln is the government of the people, by the people and for the people. Hence, where the judiciary is not independent, the people cannot enjoy the dividends of democracy.

I urge Nigerians and the Nigerian government to take a stand and promote the independence of the judiciary for it is a major requirement of our country's Democracy.

Tsalla Emmanuel.