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Sunday, 31 January 2016



By Okonkwo Isaac Somto
For Family Writers                              

The Nigeria judiciary is dead as far as am concerned. I don't even know if the Nigeria judiciary understands the meaning of the law they represent, because they always seem to make the judiciary look confusing. The process by which the laws are enacted, administered, and enforced is to be accessible, fair, and efficient. The judiciary laws are clear publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.

The Nigeria government and its officials and agents as well as individuals and private entities are accountable under the law. Justice in Nigeria should be delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the country they serve. Nigeria today is not just a disgrace and a failure as a country but it also proves to the world that both her government and her judiciary cannot be trusted and relied upon.
 From all indications the judiciary and the Senate can do all they can but the presidency has the final say. How can a sitting president (Mohammdu Buhari) openly say he will disobey court orders by declaring a man guilty even before he is charged? This just portrays the level of foolishness, disorderliness and stupidity President Mohammdu Buhari and his administration represents. Administration of justice is the primary function of the judiciary. However, the judiciary performs certain other functions too, which am about to educate the Nigeria judiciary.                

(1) Judicial Functions:

Firstly, when a dispute is brought before a court, it is the responsibility of the court to 'determine the facts' involved. The usual manner in which the courts determine the facts is through evidence given by the contestants. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. Herein the judiciary becomes the interpreter of laws, which is the prime function of the judiciary. So the major task of the judiciary is to 'determine' the facts of laws and to apply them to particular circumstance.

(2) Law-making Functions:

Secondly, the judiciary while interpreting the existing laws also performs the role of lawmaker. It may sound surprising, but 'judge-made' laws are common to all systems of jurisprudence. Such occasions arise when the provisions of the existing laws may be ambiguous, or sometimes two or more laws of a particular government appear to be in conflict under a given circumstance. Herein the judiciary plays an important role in determining what the law is and when two laws apparently conflict, which shall prevail.     

(3) Protector of the Fundamental Rights:

Fifthly, the judiciaries also act as the defenders of the individual's right. Such role of the judiciary is important as it prevents the individual's rights from being violated. An individual need not wait until harm is done to him. If he had, sufficient reasons to believe that attempts would be made to violate his 'rights' he could approach the courts for protection. Then the courts would issue orders prohibiting such attempts until the rights of the parties were determined. Judiciary is the watchdog of rights and liberties of the people. In India, the Supreme Court is empowered to protect the Fundamental Rights of the citizens. But in Nigeria, the Supreme Court stay quiet while innocents souls are been killed by the same government that ought to protect them.

The Nigeria judiciary will prefer to collect millions in bribe than to represent and justify the truth, which they ought to stand for. Even to properly handle a case in the Nigeria court of law is a very big issue and also it always seems difficult for judges in Nigeria to administer the right judgment because their judgments are either clouded or biased. Even Nnamdi Kanu got so feed up of the Nigeria judicial system that he lost confidence in her court, “I will rather remain in detention than subject myself to a trial that I know amounts to perversion of justice"-Nnamdi Kanu. Even when Nnamdi Kanu was granted bail by the court and the presiding judge, president Buhari still went against court order, so why then should Nnamdi Kanu be constantly dragged to court, even its certain Buhari won't obey the Judiciary? Please can anyone clarify this to me? If the Nigeria judiciary can no longer be trusted to stand for what is just and right, and also to uphold the law and install order, is there any need for Nigeria Judiciary to keep functioning???
. When you look at what's going on in the Nigeria judiciary, its ridicule and a scorn compared to other democratic countries that functions with the judiciary. Sometimes I wonder why the Nigeria judiciary hasn't closed up and instead allow the role of dictatorship to come in, because there is no evidence that the Nigeria Judiciary represents and stand for the rule of law.

1 comment

  1. Biafra Alive. They are aware of all these things buh no much value is placed on it.


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