By Muheeb Mashood
Judiciary is the third arms of government saddled with the responsibilities of interpreting the law, settling disputes and making adjudications.
It remains one of the indispensable wings in democratic settings, and at large any system of governance thriving to achieve peace and justice. The powers of the judiciary in Nigeria are vested in courts which exercise the roles of duties of the branch.
Meanwhile, the notion of independence of Judiciary is a phenomenon claimed by every country in the world. But a thorough perusal of the Nigerian judicial system proved this assertion nothing but a fallacy.
An independent judiciary is necessary to ensure the rule of law is respected. Judicial independence means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law.
Judiciary should not only be independent, but most appear to be independent. Therefore, to safeguard the independence of Judiciary, the executive and legislative arm should not have a part to play in the appointment of judges of the courts.
The Nigerian constitution empowered the president(executive) to appoint heads of various federal courts, acting on the recommendations of the National Judicial Council and subject to the confirmation of the appointments by the Senate(Legislature). The same process is applicable at the state level as well.
This process cripples the independence of Judiciary over a period of time, as judges were not free from entertaining all matters that came before them with equality. It is mostly possible for them to be manipulated, then deliver a judgment in favor of their appointees.
To stop this discontent, it will be more sophsophisticated udiciary join the other arm of government in the same system of appointment which is an electioneering process. Since the three arms are equal, one should not be given less privilege below the other. As people decide whom to represent them and their affairs in executive and legislative houses, the same should also go to the Judiciary. This will enhance proper administration of justice and will let them fulfill their duty of checks and balances eloquently.