Politics and the Independence of the Judiciary in Nigeria: The Appointment and Removal Procedure for Head of Courts
Abstract
An independent judiciary is one of the corner stone for democracy to thrive in the society. It is an essential factor for constitutional democracy and the rule of law. Judicial independence means the ability of judges to function independently from outside influences that may corrupt or curtail their ability to fairly administer justice. It also means the independence of judges to think freely and act freely according to the dictates of their conscience in line with the provision of the law without any let or hindrance or fear of repercussion from any quarters. This article identified four factors which ensured judicial independence to include security of tenure/ remuneration, the implementation of due process in the appointment of judicial officers, due process in the removal of judicial officers, and obedience of court orders/ compliance thereto by executive and legislative bodies. The article examined events in Nigeria’s recent democratic history wherein heads of courts were unlawfully removed, appointed or elevated; appraised the removal procedure for head of courts; and exposed the motivation for tampering with judicial independence by politicians. The article maintained that without willing collaborators within the judiciary and the justice sector it would have been difficult to curtail judicial independence. The events surrounding disputes at the election tribunals, and appointment/ removal of head of courts showcased that Nigeria politicians in power have by all means pocket the judiciary and curtailed her independence. The politicians neglected the constitutional provisions in the appointment and removal of heads of courts, and appointed judicial officers willing to aid their political ambition/career. This scheme was majorly engendered to manoeuvre election disputes at the tribunal in favour of the politicians in power. This article suggested that excluding politicians from the appointment process of heads of courts
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