REIMAGINING THE INDEPENDENCE OF THE JUDICIARY FROM THE PERSPECTIVE OF DEFECTIVE DEMOCRACY IN NIGERIA

Abstract

Democracy is that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation. It anchors on the tripod stand of separation of powers, which are the legislative, the judiciary and the Executive. Each is separate and apart and at the same time compliments each other in the discharge of the functions. The legislature which is bicameral in Nigeria makes the law. This law is interpreted by the judiciary and implemented by the executive. This is of utmost importance so that no arm of the government goes arbitrary. They therefore act as checks and balances on each other. However, while the legislature and the executive are independent, the judiciary is not. In the share of resources, while the legislature and the executive get allocation of resources directly from the Federal Government, the executive gives to judiciary whatever it thinks fit. As a result, the judiciary is like a string attached to the executive. The concern of this paper therefore is for the independence of the judiciary to be guaranteed so that they will be free to discharge their duties without fear or favour to enhance democracy in Nigeria. This work will discuss among other things, separation of powers, Concept of democracy, checks and balances as essential ingredients for a good and effective democracy in Nigeria. It therefore recommends for the independence of the judiciary which will enhance the dispensation of justice by the judiciary. This paper will employ doctrinal methodology in investigating the challenges that impair independence of judiciary in the Nigeria democratic governance.