Structure, Constitutional Roles and Historical Trajectory of Judicial Independence in Nigeria

Abstract

The constitution delineates the functions and organizational framework of its organs. This study investigates Nigeria's judicial independence, scrutinizing its structure, constitutional mandates, and historical evolution. It finds that the Nigerian judiciary has both legal and administrative structures, with the legal structure concerned with the dispensation of justice. In contrast, the administrative structure is concerned with the appointment, removal, discipline, remuneration and qualifications of the judicial officers. The constitutional power of the Judiciary enables it to perform duties as expected, and its primary function is that of adjudication. The judiciary's responsibilities extend to interpreting laws and applying the constitution to legal queries, encompassing jurisdiction over various legal domains. This paper delves into the judiciary's independence, contextualized within historical perspectives. The judicial system, prior to the colonial rule, functioned traditionally as a religiously based social control and peace-keeping mechanism. Judicial independence assures unbiased decision-making, immune to external influences, and upholds the principles of justice. Unfortunately, there is still the judiciary's susceptibility to political influence in Nigeria up till now.