The concept of democracy needs to be clearly understood before we can appreciate the roles of judiciary in its sustenance. Democracy began to develop in Ancient Greece as early as the 500’s BC. The word democracy comes from the Greek words demos meaning people and kratos which means rule or authority. It is a system of government under which the people exercise the governing power either directly or through representatives periodically elected by themselves. In modern times, the main features of democracy are free and fair election judicial independence, free press majority rule and protection of minority rights. Political party activities we also necessary for effective democratic governance. The principles of rule of law is the basic substance of democracy and it includes supremacy of constitution, equality before the law and civil liberties (A.V.Dicey 1985). Democracy is of course the best form of government. The superiority of democracy to the other systems of government lies in the principle of separation of powers and the corresponding checks and balances that the three arms of government exercise over one another. Our history of democracy is such that is characterized by blatant disregard for the rule of law by both the executive and the legislature. Both often conduct their respective functions in a manner suggesting that they possess unlimited power or they are above the law. To safe guard democracy therefore, judiciary must awake to its statutory and constitutional responsibilities. The 1999 Nigerian constitution provides that the judiciary shall take decisions in any civil or criminal proceedings based on questions of interpretation or application of the provision of the constitution.
For effective administration of justice in a democracy courts have a definite and decisive roles to play. Courts are government institutions that settle legal disputes and administer justice. Courts resolve conflicts involving individuals, organizations and governments. All courts irrespective of type and jurisdiction are presided over by the judges. In many cases, the judge decides the truth or falsity of claim(s) presented by parents to a dispute. The constitution provides for the establishment of magistrate courts, High court of state, the court of Appeal, Federal high court, Sharial court of Appeal of a state, customary court, Election Tribunal, Rent court, Juvenile court and the supreme court. Each of the courts has duties, power and jurisdiction ascribed to it by the constitution.
The judiciary also has the power to review the actions of both the executives and the legislature. Although lack of judicial independence affects the performance of the judges in Nigeria when it comes to judicial review. The electoral act 2006 also empowers the court to determines question /petitions arising from election including questions of candidates’ qualification for election, the question of whether a candidate is duly elected or not. Judicial intervention in the spate of impeachments under the present democracy could not be ignored. Some judges allowed themselves to be used. It is against this background that some highly placed judicial officers were suspended by the national judicial council. In particular, the council suspended justice chuks (Anambra state), justice Okoli Yau Dakwang (Plateau), justices Kayode Bamishile, the substantive judge of Ekiti state and a former acting Chief judge of Ekiti state, justice Alade Jana. Justices Okoli was suspended for his role in the removal of Mr. Peter Obi while justice Bamishile was suspended for his official conduct during impeachment peoceedings against Mr. Ayo Fayose of Ekiti state. Justice Dakwang was equally suspended for the way he handled the impeachment of Chief Joshua Dariye on the specific allegations against the Chief judges. There are other justices whose names have been written in gold for their boldness: justices Umaru Abdulhai, Inumidun Akande, Oniyangi, Chikerr, Idris Kutigi (before he even became chief justice of Nigeria), Rose Ukeje and immediate past chief justices of Nigeria, justice Alfa Belgore.
The present democracy would have become completely undermined if the spate of impeachment of governors were allowed to continue unabated. The appeal court ruling which was upheld by the majority decision of the supreme court justices in an action instituted by Hon. Adeolu Adeleke, the speaker of Oyo state House of Assembly following the purported impeachment of Governor Rasheeed Ladoja is a good testimony to steadfastness of the Nigeria judges. The December 2006 judgment breaks the Guinness book of records as being most expeditious case to be heard by the apex court with a record of three weeks from when the appeal was filed. This actually portrays the courts as a defender of democracy. Chief justice Alfa Belgore would certainly be remembered for that. In spite of significant achievements there remains signs that the judiciary still suffers from executive interference, reckless disobedient to court orders and flouting of the rule of law. All these have dealt severe blows to the survival of democracy in Nigeria . Additionally, perennial poor funding, congestion of cases, infrastructural decay and corruption of judges have continued to trail our legal process.
The recent judgment of an Anambra state high court which nullified Governor Peter Obi’s impeachment represents further consolidation of Nigerian democracy. In nullifying the impeachment of the Governor, Nri-Ezedi, J. held that the legislators acted in flagrant abuse of section 188 (1)- (9) of the 1999 constitution which prescribes the mode of impeachment. The verdict has significant relationship with the landmark decision of the court of appeal in the celebrated case of Adeleke vs Oyo State House of Assembly (2006) 16 NWLR (Pt. 1006) 608. The judiciary also plays a vital role in determining whether the independent National Electoral Commission (INEC}has the power to screen, disqualify or verify claims of the party flagbearers.An interim order was granted by justice Babs Kuewunmi of Federal High Court Sitting in Abuja following a motion filed by the Action Congress[AC] on 22 nd Janury,2007
The other landmark judgment was the one delivered by an Abuja High Court which quashed the expulsion of the Nigerian Vice President,Atiku Abubakarfrom the People’s Democratic Party.The feud between President Olusegun Obasanjo and Vice President Atiku Abubakar in respect of the V.P’s defection to the Action Congress and the consequent declaration of his position vacant by PDP and Obasanjo himself. This is a serious issue of litigation,the aftermath effect of which would determine the future political prospects of Atiku.The matter is still before the federal court of appeal.
In conclusion,the sustenance of democracy depends on independence of the judiciary.For more emphasis ,the judiciary interprets the constitution,settle conflicts in the process of democratization and it safeguards the rule of law. The judiciary is to protect the rights of the citizens.The courts irrespective of jurisdiction are to ensure the clear separation between the executive and the legislature and vice versa.The judiciary is equally being saddled with the responsibility of purnishing the offenders in a democracy.Indeed,democracy cannot be sustained without
Independent judiciary.
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