AN APPRAISAL OF THE CONSTITUTIONAL SAFEGUARDS FOR THEINDEPENDENCE OF THE JUDICIARYAND ITS APPLICABILITY IN NIGERIA

Abstract

The independence of the Judiciary, often a resounding phrase alluding to the imbued character of the judicial arm of government to interpretation of statutes and adjudication on matters before it devoid of adverse external influence from either the Executive and legislative arms of government, or influential members of the society and organizations. The safeguards are copiously enshrined in the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended and given relevance by Courts in Nigeria. This study appraises the Constitutional safeguards in order to espouse the extent of its applicability in the Nigerian judicial landscape. The doctrinal research approach is adopted in this study and primary and secondary legislative sources are heavily depended upon. Findings reveal that there are veritable and vivid Constitutional provisions to ensure the independence of the judiciary in Nigeria, though inadequate, the independence is scuttled by the Executive and Legislative arms of government through threats, denials and other unconstitutional means in a bid to have total political control of Nigeria. More so, such social vices as corruption and undue political pressure are also found to be endemic challenges undermining judicial independence in Nigeria. It is recommended therefore that structural reforms and socio-cultural shifts that supports the judicial role as a guardian of democracy and human rights in Nigeria be encouraged to achieve a truly independent judiciary.