THE IMPACT AND EFFECTIVENESS OF JUDICIAL PROCEEDING AND DEMOCRATIC GOVERNMENT IN NIGERIA (A CASE STUDY STATE OF ANAMBRA STATE)
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THE IMPACT AND EFFECTIVENESS OF
JUDICIAL PROCEEDING AND DEMOCRATIC GOVERNMENT
IN NIGERIA (A CASE STUDY STATE OF
ANAMBRA STATE)
ABSTRACT
THE WORK EXAMINED THE IMPACT AND EFFECTIVENESS OF
JUDICIAL PROCEEDING AND DEMOCRATIC DEVIDENCE IN NIGERIA WITH REFERENCE TO
ANAMBRA STATE, THE METHODOLOGY ADOPTED WAS CONTENT ANALYSIS WHICH WAS
ANALYTICAL AND DESCRIPTIVE IN NATURE WITH OUR SOURCES OF DATA DERIVING FROM A
COMBINATION OF SECONDARY AND THE PRIMARY SOURCES AND INVOLVING THE USE OF TEXT
BOOK, QUESTIONNAIRES, JOURNALS, AND INTERNET MATERIALS ETCETERA. THE WORK
EXAMINED SOME ACTIVITIES OF JUDICIARY AS WELL AS THE PROBLEMS AND PROSPECTS OF
THE ARM OF GOVERNMENT. THE FINDING REVEALED THAT JUDICIARY HAS PERFORMED
GREATLY IN DISCHARGING OF JUSTICE BUT STILL, THERE ARE A NUMBER OF PROBLEMS
FACING JUDICIARY WHICH RANGES FROM POLITICAL INTERFERENCE, SLOW PACE OF
JUDICIARY PROCEDURE, POOR REMUNERATION ETC. BASE ON THE ABOVE THE RESEARCH
RECOMMENDS THAT THE GOVERNMENT SHOULD PROVIDE JUDICIARY WITH MODERN
COMMUNICATION AND INFORMATION FACILITIES TO ENHANCE HER WORK, POLITICAL
INTERFERENCE SHOULD BE MINIMIZED AND MORE FUNDS SHOULD BE ALLOCATED TO THE COMMISSION
COUPLED WITH PUBLIC ENLIGHTENMENT FOR THE PUBLIC TO BE FURTHER AWARE OF THE
ACTIVITIES OF JUDICIARY.
TABLE OF CONTENT
Title of page - - - - - - - - -i
Certification - - - - - - - - -ii
Dedication - - - - - - - - -iii
Acknowledgment - - - - - - - -iv
Abstracts - - - - - - - - -vi
Table of Contents - - - - - - - -viii
CHAPTER
ONE
1.1
The background of the study - - - -1
1.2
Statement of the problem - - - - -4
1.3
Research questions - - - - - -8
1.4
Objective of the study - - - - - -8
1.5
Significance of the study - - - - -9
1.6
Scope/Limitation of the study - - - -10
1.7 Research Hypothesis - - - - - -11
1.8 Theoretical frame work of analysis - - -11
1.7 Definition of
term - - - - - - -14
CHAPTER
TWO
2.1 Review of Related
Literature - - - - -18
2.2 Judiciary - - - - - - - -18
2.3 Independence
of judiciary - - - - -24
2.4 Democracy - - - - - - - -27
CHAPTER
THREE
3.1 Brief outline of the study - - - - -43
3.2 Design of the study - - - - - -43
3.3 Area of study - - - - - - - -44
3.4 Population of the study - - - - -44
3.5 Sample of the study - - - - - - -45
3.6 Instrument for data collection - - - -45
3.7 Validation of the instrument - - - -46
3.8 Distribution and retrieval of instruments - -46
3.8
Method of data analysis - - - - - -47
CHAPTER FOUR
Presentation
and Analysis of Data
4.1
Presentation and data/findings - - - -48
4.2
Data analysis interpretation /Discussion
of
Finding - - - - - - - -49
4.3 Findings
- - - - - - - - -56
CHAPTER FIVE
5.1 Summary - - - - - - - -57
5.2
Conclusion - - - - - - - -60
5.3
Recommendations - - - - - - -61
Bibliography - - - - - - - -65
Appendix - - - - - - - -69
Questionnaire
- - - - - - -70
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Judiciary
is the third arm of government. The formation of government is specifically for
peace and protection of life and property in the society as well as protection
and promotion of democratic dividend. The agreement for the formation of
government was contained in the constitution. Constitution is the system of
law, customs, and fundamental principles established for the guidance and
government of state. It is the supreme authority of each democratic system.
It is also within the constitutional
frame work that there are division of powers between the three arms of
government, each within its own sphere co-ordinates and independent (Ndoh
2003). The constitution has assigned to the judiciary the responsibility of the
interpretation of the constitution, a responsibility which contributes in
ensuring that other arms of government and member of the public under them,
perform their respective functions as it envisage by the constitution and in
accord with the law (Nnaemeka Agu, 2002).
In the light of above, Nigerian
judiciary particularly in Anambra state has been playing vital rules in the
political system of the state since independent, but due to corruption,
redtapism, political interference by other arm of government and worst military
incursion or intervention in the politics and government of Nigeria
particularly Anambra State has been a set back on the independent and judicial
proceeding in the state. According to Okafor (quoted Okpata et al 2000)
The independent of
the judiciary has suffered greatly in Nigeria especially under military
rule. The military promulgated decrees with outer clauses which denied the
judicially authority over certain matters. The judicially seem also teleguided
or manipulated to delivered certain judgment.
In
addition, it is beyond dispute that sustenance of democratic dividend in modern
world, an independent, impartial and upright judicially is necessity for
sustenance of democracy in Anambra state and Nigerian in general.
Nevertheless, this work will focus on
the impact and effectiveness of judicial proceeding in providing democratic
dividends in Nigeria
with focus on Anambra state.
1.2 STATEMENT OF PROBLEM
Federal Republic of Nigeria gave the
judiciary of the power to interpret the constitution and laws of the land, the
constitution maintained that the judiciary should be independent, impartial and
upright in the function. Nigeria judiciary suppose to help in the consolidation
of democracy and act as the last hope of common man as well as help in their
achievement of democratic values.
Nevertheless, several problems are
encountered by the Nigeria
judiciary in carrying out their constitutional assigned functions. This problems has
hampered them from discharging their constitutional responsibilities, they are
as follows: corruption, lack of financial autonomy, delay in the judiciary
process, lack of independent machinery for the enforcement of its decision and
influence of political office holder etc. this actually has made Nigerian
judiciary ineffective in sustenance and consolidation of democracy in Nigeria
political system.
HISTORICAL BACKGROUND OF NIGERIA
JUDICIARY
THE
EVOLUTION OF JUDICIAL IN NIGERIA
Before the coming of the coronial
masters in Nigeria, there was no former or identified institution for judicial
review of government acts as we know it today, however according to Osaai
(2001) Some communities have a system of checks and balances and in some
important respect, restraining influence on the tendencies of traditional
rulers to excesses.
However, with the coming of the
colonialism, judiciary founded on the British legal system was introduced as an
instrument of coercion, consolidation and legitimating of colonial rules. The
judiciary then was not separates from the executive, but was in fact a
department of and controlled by the executive arm of government under the
colonial system, the judiciary operated more in line with the dictates of the
colonial masters than in accordance with the British idea of justice, also
appeals from our court lay to the judicial committee of the privy council as
final court appeal (Elias 1955:3356).
In 1963 appeals to the privy court were
abolished following the constitution of Nigeria act of 1963 section 120.
The supreme court of Nigeria then become the final court appeal in Nigeria, and
the federation court of appeal was created in 1976 to function as intermediate
court of appeal between the high court and the supreme court.
THE STRUCTURE OF NIGERIA
JUDICIARY
The
structure of Nigeria
judiciary is hierarchical in nature with the Supreme Court at the apex and
customary court at the base.
1.3 RESEARCH QUESTION
This
research would address the following research question.
1.
To what extent has judiciary impacted
positively or negatively in the consolidation of democratic dividend in Anambra
state?
2.
What are the real challenging facing
or confronting judiciary in the consolidation of democratic dividend in Anambra State?
1.4 OBJECTIVE OF THE STUDY
The
aim of objective of this work is as follows:
1.
To find out the impact of judiciary in
the consolidation of democracy in Anambra
State.
2.
To identified the real problem
confronting the judicial in the sustenance and consolidation of democratic dividend
in Anambra state.
3.
To identified different levels and
structures of court and their working towards the consolidation of democracy.
1.5 SIGNIFICANCE OF THE STUDY
The significance of this research work
is as follows:-
1.
The research will aid the judicial to
enhance the consolidation of democratic dividends
2.
The aims would be also to contribute
to existing knowledge of political science.
3.
It will equally be source of data to
scholar student and even policy makers who will consult the work
1.6 SCOPE AND LIMITATION OF STUDY
The
scope of the research is delimited to studying the impact and effectiveness of
judicial proceeding in sustenance of democratic dividend in Nigeria with focus
on Anambra State and some limitation are encountered in the course of carrying
out this research, the first is scarcity of material due to dearth of library,
material, secondary the problems of finance, and short duration of time posse
as problem in the research, although those problem were made lighter because of
visit to internet websites, law firm and literature.
1.7 RESEARCH HYPOTHESIS
The research hypothesis positioned in
lined with the statement of the problem as follows:
1.
The judicial has impacted positively
on the sustenance of democratic dividends in Anambra State.
2.
Political interference and lack of
independent of the judicial are some challenges facing the judiciary.
1.8 THEORETICAL FRAME WORK OF ANALYSIS
Structural-functionalism
is the theoretical frame work adopted in this work; the theory was established
by Emile Durham, Herbert Spencer and other in the field of sociology. The
theory views the society as a system which is a set of interconnected part
which together forms a whole.
This theory was adopted in political
science and specifically in the field of comparative politics as a result of
inter-disciplinary drives of political system. The theory sees the political
system as interrelated and reciprocally related regulated pattern that have
need for the maintenance and survival of the system. In the field of politics structural
functionalism are seen as explaining basic function of political structures in
the political system and it can be seen as a tool of investigation and analysis
(Emekwe 2002:92).
Structure-functionalism means that every
political system there exist certain function that are perform by the different
relevant structure of the polity and it is only examine by these function that
one can understand the political process in the society. When political satisfy
the demand made upon it by the citizens, it is said to be functional but if the
system does not satisfy the demand made by its citizens, it is dysfunctional
moreover, the structural-functionalism theory explains function, impact and
effectiveness of judiciary in sustenance of democratic dividend in Anambra
state because judiciary is the structures that perform the function of
constitutional interpretation and adjudication or cases between other
structures of the system an settlement of dispute between individuals and
government etc. and enthroning democratic values and ethos in Nigeria.
1.9 DEFINITION OF TERMS
1. Judiciary:-
The judiciary is the
third
arms of government with the primary duty of interpretation of law to apply the
existing law to individual cases, an by so doing, settled dispute between one
private citizen and the government, it is the court and all those who work in
the vineyard of justice Obikeze and Obi (2004)
2. Democracy:
The term democracy has no conclusive acceptable definition, Abraham Lincoln
sees democracy as “government of the people by the people and for the people”
however, there arises the problem who are the people or what, Dahd (1989)
refers as the problem of inclusive, but the fact that democracy is a system of
government where powers is legitimized and executed by the many (Osagbue etal
2003)
3. Rules of Law:- Means resort to law
and order in a polity in preference. For arbitrariness, anarchy, violence
welfare and strite. It dictates the government must be conducted, according to
law and that in case of doubt or ambiguity the matter must be resolved by
judicial decision on (Nnaemeka-Agu 2002).
4. Constitution:- Is the collection of
rules which establish and regulate or govern the government and the people,
this rules are partly legal in the sense that court of law would recognized and
apply them … (Obikeze and Obi, 2004)
5. Court:- A court is a judiciary institution
created by law or constitution to decide legal dispute authoritatively (schmic
AOUSER 2001)
6. Judicial Review:- Means the
constitutional right of court system to review or cancel government
registrations, decision and actions that is held to have done illegally
7. Consolidation:- Is maintenance of
stability in the system, also it involves the dissemination of those who makes
for smooth running of their affairs of the society such that cooperation is
encourage while conflict discouraged (Nnoli 2003)
8. Structures:- It means the way in which the
part something things are connected with each other and form whole, or to means
to arrange the different part of something into a pattern or system in which each parts is connected to
the other (Longman Dictionary 1995)
9. Judicial Activism:- Is an anti-thesis of
judicial passivism, it concedes the fact that judge cannot ignore the law as
enacted however, it is essential to develop and if necessary to change it
(Nweze 2002)
1) Judicial Passivism: Implies that judge
should concern themselves with application of law as it is, hence, the role of
judge is seen as merely declaration, as the saying goes judicium est quasi
dictim-judgment is a declaration of law (Okere 1987)
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