Organic structures of government and the role of judiciary under the 1999 constitution of Nigeria: An anatomical dissection

Abstract

This paper is anchored on an anatornical dissection of the role of an independent judiciary under the 1999 Constitution of Nigeria. The first thing this paper seeks to ascertain is whether the judiciary is actually independent in Nigeria. What are the expectations of the judiciary vis-a-vis other organs of government. In what way has the concept or theory of separation of powers impacted in the performances of the judiciary. The paper also looked at the various parameters that support judicial independence and the extent of its attainment including mode of appointment of judicial officers, remuneration and welfare package, termination of appointments of judicial officers etc. Criticisms abound on whether the judiciary in Nigeria are doing well in the discharge of those onerous functions and what is needed to complement its efforts based on identified challenges and constraints in executing its constitutional mandate. The need to restore the judiciary as a guardian of the Constitution through the exercise of its powers with independence, impartiality and in a fair and open manner is critical. How far have the courts carried out their unlimited powers of control over the activities of the legislative and executive.