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Independence Of The Judiciary And Public Perception
[A CASE STUDY OF JUSTICE WALTER ONNOGHEN]
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1.5 Research questions
a) What is judicial independence? This section ends with an attempt to answer the following two questions:
i) Regardless of whom and
ii) independence for what purpose.
b)
This chapter seeks to provide a holistic analysis of the legal measures
taken to protect the independence of the judiciary in Nigeria. The
question that is asked is whether these mechanisms are compatible with
Article 165 of the Constitution, which establishes the independence of
the judiciary. Therefore, the following is discussed:
(i) the
constitutional and legal framework for the protection of the
independence of the judiciary, covering both individual and
institutional independence;
ii) To what extent does the doctrine of
separation of powers in the Nigerian Constitution refer to the
independence of the judiciary. One issue that also needs to be addressed
is whether the judicial administration system adopted by the apartheid
state is fit for the functions that courts now have to fulfill under the
constitutional waiver of Nigeria.
c) What threats currently exist
for the independence of the judiciary in Nigeria? This section therefore
addresses the following issue:
i) Judgment of the Judicial Service Commission on Judge Walter Onnoghen.
1.6 Scope of study.
This
research is limited to the independence of the judiciary and public
perception. It will also examine the problems of prevention of
occupational debts and the mechanisms for controlling injustice in
Nigeria.But, The work will center greatly on the case of justice Walter
Onnoghen, former chief justice of Nigeria. Analysis was also made on
other judicial cases to enhance more knowledge on this area.
1.7 Definition of terms
i) Judiciary; the system of law courts that administer justice and constitute the judicial branch of government.
ii) Independence; freedom from control or influence of another or others.
Perception; the representation of what is perceived; basic component in the formation of a concept.
Public; people in general considered as a whole
1.8 ORGANIZATION OF THE STUDY
This
research work is organized in five chapters, for easy understanding, as
follows. Chapter one is concerned with the introduction, which consist
of the (background of the study), statement of the problem, objectives
of the study, research questions, significance of the study, scope of
the study etc. Chapter two being the review of the related literature
presents the theoretical framework, conceptual framework and other areas
concerning the subject matter. Chapter three is a research methodology
covers deals on the research design and methods adopted in the study.
Chapter four concentrate on the data collection and analysis and
presentation of finding. Chapter five gives summary, conclusion, and
recommendations made of the study.
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