POLITICISATION OF THE JUDICIARY AND JUDICIALISATION OF POLITICS IN NIGERIA: IMPLICATIONS FOR DEMOCRACY

Abstract

One of the key features in every democratic setting in the world is the need for the judiciary to perform its constitutional mandate without compromising its independence and impartiality. In the case of Nigeria, there is no gainsaying the fact that, since the beginning of the Fourth Republic, the political landscape has come under serious vituperation as a result of alleged complicity of the judiciary in political matters in the performance of its constitutional mandate of adjudication. Suffice it to say, that many judges and justices have been accused of engaging in political and commercial judgements.1 The lack of certainty in the pronouncements of election petition matters by judicial officers has further compounded the issue, thereby making caricature of the principle of judicial precedent2, which contemplates the idea of predictability and certainty in judicial decisions. This unfortunate development has generally created a negative perception of the judiciary by members of the Nigerian public as taking on the role of determining political leadership, by potentially supplanting the electorate in the  crucial decision making process.3 This article, therefore, employs the doctrinal research methodology to critically examine the politicisation of the judiciary and the judicialisation of politics in Nigeria and its implications in the context of Nigerian democracy. It also makes recommendations on how to strengthen the independence of the judiciary in the performance of its constitutional mandate in the dispensation of justice.