The previous article examined
the structure and types of the executive organ of government. It also
highlighted the basic functions of the executive.
In this article, we
shall examine the functions of the judiciary, as an important organ of the
government, entrusted with the responsibility of interpreting the laws made by
the Legislature and implemented by the executive.
However, for the
judiciary to effectively discharge its basic functions of interpreting the laws
and promoting justice, equity and fair-play, both the court and judges must be
free from the influence of the government and powerful individuals.
Meaning of the Judiciary
Judiciary is defined
as the branch of government responsible for interpreting the laws and
administering justice. The foregoing definitions highlight certain essential
attributes of the judiciary to include: Judges, courts of law and
administration of justice.
The
judiciary is the system of courts that adjudicates legal disputes/disagreements
and interprets, defends, and applies the law in legal case.
Judiciary, branch of government whose task is the
authoritative adjudication of controversies over the application of laws in
specific situations.
Therefore, the
judiciary is the arm of government that is vested with the judicial power - the
power to construe and apply the law.
Functionally, the judiciary is a mechanism for the resolution of disputes and balancing of conflict of interests.
By judiciary, we mean the court system of a country. The
law-making power of the judiciary through the interpretation of the law and the
principle of stare decision is also noteworthy.
In sum, the judiciary by the nature of powers vested in courts by the constitution stands between the government and the citizens. It is the last hope of the common man, the hope of the hopeless, the defender of the defenseless and upholder of the rule of law.
The Hierarchy of Courts in Nigeria
In Nigeria, a
settled hierarchy of courts exists. Section 6 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) provides for the Nigerian judicial system
as follows:
(i) The Supreme
Court (the highest court in Nigeria).
(ii) The Court of
Appeal, having as at present 17 Divisions in some states of the Federation.
(iii) Below the
Court of Appeal are the following courts of co-ordinate jurisdiction: Federal
High Court; High Court of the Federal Capital Territory, Abuja; National Industrial
Court, Customary Court of Appeal and Sharia Court of Appeal of the Federal
Capital Territory, Abuja; High Court of a State; Customary Court of Appeal and
Sharia Court of Appeal of a State.
(iv) Below these
courts are the Magistrates’ Courts and District Courts.
(v) The lowest
courts are Customary and Area Courts. All the courts listed above are the
regular courts.
There are also
special courts like Courts-martial, Tribunals of Inquiry, Rent Tribunals,
Coroners’ Courts, Juvenile Courts, etc. whose jurisdiction, rules, and
operation are specially regulated by the laws establishing them.
Functions of the Judiciary
Important functions
of the judiciary are contained in its definition i.e. justice administration
and dispensation - is a minimum requirement of any government in maintaining
law and order, peace and tranquility in the society.
However, depending
on the political system, the followings could be itemized as the functions of
the judiciary:
1. Adjudication
The judiciary
adjudicates on disputes between states, between the state and individuals,
between individuals and corporations or corporate entities, among others.
2. Interpretation of
the Constitution
The judiciary is
constituted as the ultimate interpreter of the constitution and to it is
assigned to the delicate task of determining what is the extent and scope of
the power conferred on each branch of government, what the limits on the
exercise of such power under the constitution are and the determination of the
question whether any action of any branch transgresses such limits. Precisely,
the judiciary acts as the custodian of the constitution and the democratic
process.
3. Judicial Review
Judiciary acts as
checks on both executive and legislative arms of government in their
actions/inactions of government or laws that are not consistent with the
constitution to be declared as null and void.
For instance, President Olusegun Obasanjo signed into law a bill, which extended the tenure of elected local government councils, by one year, with retroactive effect.
But
the Supreme Court later annulled the Electoral Act with the effect that local
councils were dissolved after the expiration of the statutory three-year
tenure, as contained in the electoral Decree promulgated by the military, under
which councils’ elections were conducted in 1999.
Judicial Independence
The independence of
the judiciary means that the court and judges must be free from the influence
of both the government and individuals in the discharge of their functions if
justice is to be obtained.
However, in a state where
judicial decisions are subject to the dictates of either the executive or
legislative arms of government or both, there can hardly be justice.
Under this
condition, it becomes difficult if not impossible for the citizens and
non-citizens of the state to obtain justice.
Therefore, only
courts, which are not tied to the whims and caprices of the executive;
courts that are free from legislative pressure, political pressure, and even
mob pressure can guarantee judicial independence.
Judicial
independence, deducing from the preceding explanation, is when the judiciary is
separated from the other arms of government and immune from partisanship or
undue pressure from external bodies to impartially and expeditiously discharge,
without fear or favour, its constitutional responsibilities.
To achieve this, the
following conditions should prevail in the polity:
Security of Job
A secured and fixed
tenure is very important for judges to make their appointment secured and free
from unnecessary manipulation or intimidation by the Executive.
In Nigeria, a judge
retires on the attainment of 65 years of age and their appointment is made on a
permanent basis after meeting certain requirements.
Mode of Appointment
In some countries,
judges are elected but this might make them liable to political pressures whimsicalities.
But, in Nigeria and some other countries in the world, judicial officers are
appointed by the president/governors on the recommendation of major
stakeholders in the judiciary - National Judicial Council, and subject to
ratification by the legislature.
Better Salaries/Emoluments
To ensure the
independence of the judiciary, judges should be paid better salaries and
allowances. This is not only to attract brilliant lawyers to the bench but also
to distract them away from corruption and unethical practices.
In addition to this,
salaries of the judiciary are to be charged on the first line i.e. consolidated
fund, which no other arm of government could selfishly manipulate.
Read On: The Legislature: Origin, Types, Functions and Importance
The performance of
justice administration and dispensation has rendered the judiciary an important
organ in the organization of government. The courts of law have become the
instruments through which the judiciary discharges its functions.
But for the judiciary
to acquit itself creditably, the political environment within which it operates
must be readily supportive, by providing the needed administrative and legal
frameworks, as well as the requisite resources, without which the judiciary
will suffer a deficit in both performance and credibility.
This article has
examined the judiciary as a vital organ of government. We have in addition
explained its role as an essential component in the organization of government,
as well as the basic functions it variously performs.
The basic functions
of the judiciary are justice administration and dispensation, which are the
minimum requirements of any government in maintaining law and order, peace and
security in the society.
Nonetheless, for the
judiciary to perform its functions fairly and impartially, it must retain its
independence from the other organs of government, although it is impossible to
fully have it in absolute terms.
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