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Independence Of The Judiciary And Public Perception
[A CASE STUDY OF JUSTICE WALTER ONNOGHEN]
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For the most part, Nigeria's judiciary is first-rate, and overseas
correspondents, such as American legal strategist Tracey Cain, have
commented on the effectiveness of the system, and its 'infallibility and
uprightness' when it comes to sentencing. However, regardless of
outsider opinion, the overwhelming attitude of the Nigerian people
towards the judiciary is of an inequitable, unfair and unjust
organisation. In fact, the judiciary is increasingly being painted as an
"obstacle to justice rather than the guardian of it" (Cain, Tracey,
2002).
According to a recent survey conducted on public perceptions
of the judiciary (see appendix A), the Nigerian public perceived a
number of flaws in the judiciary especially on the part of its
Independence. The best known are the light sentences, the subjective
judicial decisions and the excessive compensation for the judges. It is
interesting to note that most of the respondents were very happy to make
critical judgments about the justice system, but around 25% admitted
that they did not even have a basic knowledge of the Nigerian legal
system.
1.2 definition of the problem
Nigeria's constitutional
democracy includes the principle of separation of powers, which divides
power among the three branches of government, the executive, the
legislative and the judicial. It is often said that the judiciary is the
weakest arm of the government, since the judiciary, unlike the
parliament and the executive, lacks the power of the stock market and
the sword.5 Therefore, the strict protection of its Interference
independence is paramount. The objective of this protection is to
"guarantee impartiality and impartiality in judicial proceedings and, to
that end, allow judges to perform their duties without fear or relief".
It follows that the judiciary is individually and institutionally
independent of any form of interference, regardless of whether this
interference comes from the government, private actors or even the
judiciary itself. Judicial independence not only protects judges, but
also protects the public from arbitrary executive actions
1.3 Objectives of the investigation
The
purpose of this dissertation is to examine the judiciary as an
independent and autonomous government apparatus and to understand the
perception of the Nigerian public about the independence of the
judiciary.
1. Identify the mechanisms that protect the independence of the judiciary in Nigeria.
2. Identify the current threat to judicial independence in Nigeria.
3. Listen to the opinions of the Nigerian public about the current state of justice in Nigeria.
1.4 Significance of the study.
The
importance of this research can not be emphasized enough. Analyze that
independence of the judicial system in Nigeria, in order to give the
public clearer views on judicial administration. Also, the research is
necessitated to show case the indiscriminate restrictions and violations
justice by other arms of the government and the gross increase of
corruption and injustice in the country which often leaves less to be
desired.
The research work will also give the perception of the media
and general public concerning the legal practice in the country, taking
the case of justice onnoghen as the case study With the above issues,
this research will serve as a viable source of information to all and
sundry. First, it will benefit the public, those engaged in the
administration of justice, law enforcement agencies and the court. It
will also provide relevant suggestions on how best to curb the increase
of injustice; it is also of immense benefit to policy makers, government
officials, academicians, students and anyone interested in the peaceful
co-existence of the Nigerian populace.
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