Rev. Fr. Moses Orshio Adasu University, Makurdi

Nigerian Democracy and The Judicial Arm of Government: A Comparative Discourse

Nsan Kingsley Tiku, Ph.D, Onen, Margaret Ubi, Ph.D Okomisor Ofem Lawrence, Ph.D &Aberagi Emmanuel Teryila, Ph.D

Abstract

Being the best form of government due to its principles of separation of powers by the three arms of government, the legislature, the executive and the judiciary as propounded by Baron de Montesquieu and John Locke’s philosophy on division of powers, liberalism, limited government and of course the right to rebellion, Nigeria adopted democracy in 1999 at the eve of the new millennium after the exit of military regime that held power between December 1993 and May 1999. Though, in character and principles, Nigeria is practicing separation of powers but highly fusion and corrupted in practice. The problem is therefore, to examine the extent at which the judicial arm of government which is also the third arm of government is influenced by the executive as well as the legislative arm of government either through its policies, and finances to determine outcome of court rulings and verdicts and also make a comparative analysis between Nigeria judicial system and selected countries of the world practicing democracy. The theories of separation of powers was adopted by the writers of this paper to help explain the division, the roles and the importance of genuine separation powers in a democratic systemic settings. Questions were also raised on why judicial verdicts often times favour the ruling party. Finally recommendations were made as follows; there should be true independence of the third arm of government in appropriation and remuneration policies; water-tide-security should be provided for judges to avoid attacks after fair rulings; the third arm of government should copy transparency in adjudications from other countries of the world. The executive and the legislative arm of government shouldn’t suppress and kill, the third arm of government as it remain an indispensable democratic institution that return hopes to the governed.

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