JUDICIAL AUTONOMY: THE PANACEA FOR LEGAL STABILITY IN NIGERIA

Abstract

The judiciary exercises the power of every sovereign entity to decide controversies between its subject or between itself and its subjects, whether the rights relate to life, liberty or property. Because of the very nature of judicial functions, the global standard is that the judicial arm of government should be autonomous enough to assert its neutrality, activism and obedience to the rule of law principle. The present-day Nigerian judiciary has been adjudged to be suffering myriads of challenges, which threatens its ability to function as an institution responsible for actual administration of justice. The judicial arm of government is being run as an appendage of the Ministry of Justice, both at the states and federal level. As a result, public confidence on the judiciary has been eroded and the hope of the common man dashed.  It is against this backdrop that this research became necessary to appraise the role of judicial autonomy in achieving legal stability in Nigeria, with a view to proffer remedies. The doctrinal method of legal research was employed and materials collated from primary, secondary and internet sources, to offer us a descriptive and comparative approach to the subject matter. This research found that, Nigeria no longer holds firm to the ideology that an autonomous or independent judiciary is necessary to strengthen administration of justice, promote public confidence in the judiciary manned by unbiased officers who owe allegiance only to the law and justice. The judicial arm of government, both at states and federal level, are indeed being operated as a second fiddle or an appendage to the Ministry of Justice, which is being controlled, directed and manipulated by the executives. The executive and powerful politicians cut the shots and overwhelmingly influence Nigerian judiciary and outcome of judicial proceedings. As a result of these, public confidence in the administration of justice has been reduced to lowest ebb. Among others, this research recommends that disobedience to court orders should be criminalized and made to carry the punishment of outright ban to hold political office for ten years or more. Obedience to lawful orders should be made a qualification to stand election and where a public officer (whether elected or appointed) had demonstrated ill fate on judicial decision. It should also be a sufficient ground for impeachment/removal as the case may be.