NIGERIA JUDICIARY SYSTEM PROBLEMS AND WAY OUT
chapter One
1.0 Introduction
Judiciary represents the country’s judicial system and symbolizes judges and justice. It is the third arm of modern government. It was popularized by the French political philosopher and jurist Montesquieu. Montesquieu argued for the need to separate judicial duties from legislative and executive functions in order to prevent tyranny.
The court system is the tiered structural arrangement from lower courts to higher courts, courts of first instance up to the Supreme Court where appeals are lodged or heard, and the stages of special courts or tribunals that exist in modern democracies. means a judicial placement of legal jurisdiction.
Finally, for the administration of justice to be fair and equitable in any political environment, autonomy must be combined with accessibility and a degree of uniformity. Being fair means being objective and fearless. Justice means applying the rules of the court equally, rewarding and punishing both the poor and the rich. Autonomy means independence and authority.
1.1 Research background
The judicial branch of government is responsible for interpreting state law and applying it where necessary. This makes the task of the judiciary very important. The law of the land serves as the basis for judgment. Therefore, its interpretation and application must be carried out with absolute speed and care (Chambers, 2005). Nigeria’s judicial system is made up of The Body of Benchers and The Bar itself.The Body of Benchers is a collection of the country’s most senior lawyers, headed by the Chief Justice of the United States Supreme Court. Its members include the Chief Justices of each federal state and some of the nation’s most respected attorneys. The Bar Association is the association of all lawyers in the country. Together they form the “Nigerian legal class”. Nigeria’s judicial system has come a long way, but its roots lie in the colonial era. It was responsible for overseeing the activities of the executive and legislative branches. Given that the judiciary is the mechanism that oversees the exercise and administration of power in the country, it actually plays a very important role in the development of the country. Then the majority of citizens will face many problems and challenges (Akpuru-Aja, 1999).
The primary responsibility of the judiciary is to ensure that the executive and legislative branches operate within the available constitutional provisions. The judiciary must stand alone in fulfilling its constitutional obligations. It requires no administrative or legislative interference in the performance of its primary functions. It operates independently of disturbances and operates under its constitutional authority. The Nigerian judicial system faces many challenges. In a shambolic military age, the judiciary underwent a pitiful castration, losing the substance of its name and existing only as a nomenclatural entity. With the advent of democracy, however, an organized political facade emerged, giving the judiciary its rightful place as the watchdog of politics.The importance of the judiciary in any political system cannot be overemphasized. there is no. The Constitution thus provides for absolute independence to perform its sacred constitutional functions without emotion.
The Nigerian judicial system is plagued by several procedural flaws that make it difficult to obtain justice and quickly resolve disputes in court. Most of Nigeria’s procedural rules are in desperate need of reform and revision in order to align with the need to eliminate technicalities while upholding substantive justice. A situation in which many cases in Nigerian courts take years to resolve does not bode well for the judicial system and encourages disgruntled litigants to resort to self-help.
But researchers have looked into the Nigerian justice system to identify problems there and recommend solutions.
1.3 Purpose of the survey
The purpose of this research is to:
1. Examine the problems of the Nigerian judicial system.
2. Find ways to solve the problems of the Nigerian judicial system.
3. Identify factors that contribute to problems in the Nigerian judicial system.
1.4 Research question
The following research questions are intended to guide research.
1. What are the problems with the Nigerian judicial system?
2. How to solve the problems of the Nigerian judicial system? 3. What factors contribute to problems in the Nigerian judicial system?
1.5 Research hypothesis
This study tested the following hypotheses:
Ho:
The Nigerian justice system does not bring justice to its people.
Hi:
The Nigerian justice system does not bring justice to its people.
Ho:
Corruption in Nigeria’s judicial system knows no loopholes
Hi; Corruption in the Nigerian judicial system has loopholes as suggested
1.6 Validity of research
The significance of this research is as follows.
1. The results of this study will educate the public about problems in the Nigerian justice system in order to find lasting solutions to the problems.
2. The findings of this study also serve as a resource base for other scholars and researchers interested in doing further research in this area at a later date and, when applied, provide some degree of new explanation for the subject. increase.
1.7 Research scope and limitations
This study will cover all issues within the Nigerian judicial system, as well as approaches that can be used to resolve issues and achieve better deliveries.
1.8 Research Limitations
1. Financial Constraints – Lack of funding tends to prevent researchers from obtaining relevant material, literature, or information and efficiently conducting data collection (internet, questionnaires, and interviews).
2. Time Constraints – Researchers will conduct this research concurrently with other academic studies. As a result, less time is spent on research work.
1.9 Definition of terms
justice:
The judiciary interprets the law and administers the judiciary through the specific interpretation of the law by the legislature. system:
It refers to an organized or complex whole and the assembly or combination of things or parts that form a complex or unified whole.
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