The Judiciary and Separation of Powers in Nigeria

The Judiciary and Separation of Powers in Nigeria
Author: Asari Effanga Young
Publisher:
Total Pages: 212
Release: 2003
Genre: Judicial independence
ISBN:

This book examines the constitution of the Federal Republic of Nigeria, 1979 and 1999 with regard to their provisions as they relate to the principle of seperation of powers, particularly as it affects the judiciary.

Nigeria

Nigeria
Author: Clement Nwankwo
Publisher:
Total Pages: 88
Release: 1993
Genre: Civil rights
ISBN:

Constitutional Law in Nigeria

Constitutional Law in Nigeria
Author: Kehinde M. Mowoe
Publisher:
Total Pages: 248
Release: 2003
Genre: Law
ISBN:

This study provides history and analysis of constitution making in Nigeria. It demonstrates that the history can be divided into periods of non-participation, and then gradual participation of Nigerians in the making of their constitution. It analyses the procedure for the making of the 1999 Constitution, and the present position. It advocates for the future, more active or total participation of Nigerians in the constitution making process. The study discusses the development of constitutional law vis-a-vis federalism, the legislature, the executive, the judiciary, local governments and citizenship. All in all, it demonstrates how Nigerians have never been satisfied with their constitutional set-up because of perceived inequalities and injustices caused by the accident of history; and calls for a renegotiation of the basis of the continued existence of Nigeria as a federation, which gives precedence to equity and justice, and representation to the various nationalities making up modern Nigeria.

Judicial Independence in Africa

Judicial Independence in Africa
Author: Wahab O. Egbewole
Publisher:
Total Pages: 0
Release: 2018
Genre: Africa
ISBN: 9780854902378

At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions. At the operational level, the Judiciary is regarded as the junior partner with the 'restrictions' on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary. To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts. All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples' Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it? This book, Judicial Independence in Africa set out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.