INDEPENDENCE OF JUDICIARY IN NIGERIA: AN APPRAISAL
INDEPENDENCE OF JUDICIARY IN NIGERIA: AN APPRAISAL
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Date
1983-09
Authors
NDATSU, Mohammed
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Abstract
ABSTRACT
The main purpose of this thesis is to analyse
and appraise the extent to which "independence of the
judiciary" has been secured under the 1979 Constitution
of the Federal Republic of Nigeria.
In the introductory chapter attempt is made to
bring out the meaning and concept of " independence
of the judiciary "; a brief historical background of how
this independence of judiciary operated from Nigerian
Independence in I960 until the 1979 Constitution came
into force. Also briefly discussed are basic theories
upon which the new constitution is based.
Chapter two presents the judicial system as
conceived by the Constitution Drafting Committee and
finally adopted in the new constitution; incorporating
the composition, jurisdiction and powers of various
Federal and State courts.
"Judicial power" has been entrusted to the
judiciary by the constitution. Chapter three discusses
the meaning and nature of the term "judicial power" and
the functions assigned to the judiciary under the new
constitution. Inherent and self-imposed limitations
that affect the judiciary in the exercise of its judicial
powers is also discussed.
Chapter four appraises the extent to which
independence of the judiciary has been secured under
the new constitution. In this regard constitutional
and institutional provisions relating to the set-up
and general structure of the judiciary has been
analysed. Where necessary, examples have been given
from other liberal democratic countries particularly
Britain, United States of America and India.
Chapter five - the concluding chapter - summarises
the observations of the author regarding the extent to
which independence of the judiciary has been secured
under the new constitution. Suggestions have also been
made, which, the author hopes, if adopted, will greatly
enhance independence of judiciary in Nigeria.
Description
A thesis submitted to the
Postgraduate School,Ahmadu Bello
University in partial fulfillment
of the requirements for the degree
of Master of Laws (LLM).
Department of Public Law
Faculty of Law
Ahmadu Bello University
Zaria.
Keywords
INDEPENDENCE,, JUDICIARY,, NIGERIA, APPRAISAL.