Benue State University, Makurdi

Unveiling the Hurdles to the Actualization of Judicial Autonomy in Nigeria

Akaa Imbwaseh,* Matthew Atonko** and Rachel N. Imbwaseh

Abstract

The judiciary is the third arm of government. It has the responsibility to apply the laws to specific cases and settle all disputes brought before it. One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the cause of deciding disputes that come before it, the judges interpret and apply the laws. The law means what the judges interpret it to mean. In order to effectively carry out its mandate, the judiciary deserves autonomy. This paper, adopting the doctrinal method of research, examines the hurdles in actualizing the autonomy of the judiciary. It has been established that financial autonomy alone cannot determine the independence of the judiciary. Though the law has made provision for autonomy of the judiciary, implementation is the main hurdle. Other hurdles include, the procedure for appointing substantive Heads of courts of record, discipline of judges, salaries and payment of pensions, autonomy from public pressure, the undue adherence to stare decisis and alleged corruption. It is recommended that the Executive arm of government should give effect to judicial autonomy by complying with the extant constitutional provisions.

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