NATIONAL JUDICIAL COUNCIL: AN ALBATROSS AGAINST THE INDEPENDENCE OF THE JUDICIARY IN NIGERIA

Abstract

One of the hallmarks of constitutional democracy is a virile and independent judiciary. It is the judiciary that is saddled with the responsibility of disputes resolution without which the society is nothing but a quintessential state of nature or glorified forest. However, the judiciary in all civilized nations is protected from possible abuse by the other arms of government, hence the establishment of National Judicial Council in Nigeria. This study appraised the capacity of the Council to safeguard the independence of judiciary in Nigeria. Using primary and secondary sources of information, the study found that apart from the fact that the Council is an aberration in a federation; its membership is skewed in favour of officials of federal judiciary. These have made the independence of the judiciary difficult and elusive. The study concluded that the Council’s inability to perform its constitutional mandates has vitiated the raison d’être for its establishment. The paper therefore recommended its abolition by way of constitutional amendment for a new paradigm that recognises the federal structure of the country.