The Executive and Independence of the Judiciary in Nigeria

Abstract

Judicial independence is an intrinsic element of constitutional democracy and the rule of law. Thus, constitutionalism and separation of powers can only function properly under the atmosphere of constitutionally guaranteed judicial independence. This paper highlights how the executive exploits its role in the tripod of separation of powers to interfere in the independence of the judiciary in Nigeria. It found that executive lawlessness, corruption, lack of provision for judiciary capital expenditure in the Constitution, abuse of powers in the judicial officers’ removal and appointment of judicial officers on political loyalty are some of the inroads. Thus, it is recommended that there is an urgent need to further amend the CFRN 1999 (as amended) to give effect to the financial autonomy of the judiciary by providing for capital expenditure of the judiciary and that in the appointment process of judicial officers, the powers of the President or Governor to appoint a judicial officer should be removed and vested in the National Judicial Council.