A CRITICAL APPRAISAL ON THE JUDICIARY INDEPENDENCE IN NIGERIA

Judicial independence or independence of the judiciary has its origin in the theory of separation of powers. By this theory the Executive, the Legislature and the judiciary are three separate, distinct and independent branches of government; each arm is independent of the other arm in all it gets and does. The fact that the judiciary remains the bastion of hope not just for the common man but also for the high and mighty in a society makes judicial independence vey crucial. Hence, judicial independence is said to be fundamental to democracy but sad to say, it seems it is only lip-service that is being paid to this crucial concept in most countries, our country Nigeria is not an exception of this fact situation, otherwise how would anybody explain the disillusionment and utter lack of confidence by greater percentage of the populace in the judiciary, considering it a populace a feeble weak arm of government, corrupt and inefficient. To some, the judiciary is a shadow of itself, adept at protecting others, inept of protecting itself. These remarks derived from observations of the alleged or actual behaviour of some judges themselves and their independence, impartiality and integrity when adjudged by the citizens. It calls for urgent examination of whether the independence of the Nigeria judicial system is guaranteed and practicable, and whether it remains a reechoed concept. This work examines whether the independence of the judiciary in Nigeria is a myth or reality and concludes that the high sounding constitutional provision relating to judicial independence has no bite and what could have been constitutional guarantees of judicial independence is no more than a slogan in Nigeria hence calling for reforms in the judicial sector.