Some senior lawyers in the country have once again called on the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, to ensure the independence of the judiciary.
According to them, without judicial independence, judges will hardly be free from outside influences that could bias their decisions.
They argue that it is a fundamental principle that ensures the rule of law and the justice system’s integrity.
To them, meaningful development cannot occur until the judiciary’s independence is guaranteed.
There has been growing concern over the independence of the judiciary in the country.
Many Nigerians believe that the political class has a great deal of influence on the judicial arm of government, affecting fairness in dispensing justice.
There are also instances where courts of coordinate jurisdiction give conflicting court orders.
Following investigations, the National Judicial Council, NJC, has dealt with some of these judges who gave conflicting judgements.
Some lawyers and stakeholders have called on the CJN and Chief Judges in the states not to allow themselves to be used by politicians for their selfish aims.
Renowned Senior Advocate of Nigeria, SAN Dr Ahmed Raji, said that in any society where the judiciary is not independent, the quality of the judgements would be significantly affected, and investment would suffer as well.
According to him, investors will not have confidence in the legal system and prefer to resolve disputes outside the country.
He said that where the judiciary is not independent, it would significantly affect the quality of the judgements from the courts.
Also, the rule of law will be affected and will not grow.
“Whenever investors come in, they will come with a stringent framework so that every dispute arising from their businesses will be resolved out of the country because they may not trust your legal system.
“Of course, it will greatly affect investment, and the development of the law will be hampered”.
Barrister Abel Anosika said that enshrining the rule of law in any system ensures that the judiciary is independent and appears to be independent to gain the people’s confidence.
According to him, judicial independence is the idea that the judiciary should be free from outside influence and operate independently from other branches of government.
He said, “Judicial Independence is a fundamental value that ensures the justice system is fair and impartial to all. Also, individuals and minorities should not be mistreated by the government.”
The Abuja-based lawyer told our Correspondent that the judiciary needs to be more independent because it ensures that lawyers can carry out their duties in a free, safe and secure environment.
He also said, “An independent judiciary ensures that court decisions are based on the law and constitution, rather than political influence.”
To Barrister Sanni Wabbah, whether a judiciary will be independent should start with judges’ appointments and promotion procedures.
He said the procedures for appointing and promoting judges should be fair, transparent, and free from executive influence.
“Judges should be selected based on their integrity, competence, and qualifications.”
“Judges need sufficient and secure funding to perform their duties without financial constraints. Judges’ salaries should be fixed and not subject to arbitrary review. The judiciary should not have contact with political parties, especially those in power. Contact with the executive branch should be limited to security, financial, and administrative matters”, he said.
