The need for judicial autonomy
An independent judiciary is necessary to ensure the rule of law is respected. Judicial independence means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law.
The independence of the judiciary protects individual liberties and prevents a tyranny of the majority. Examples include extending voting rights, ending segregation, protecting the average citizen from unwarranted government intrusion.
Some of the allegations against Nigerian judicial system include: claims of ethnic lopsidedness in the composition of the Federal Judiciary, serious allegation of corruption, ineptitude, laziness, incompetence against judicial officers, charges of abuse of office even against the Supreme court judges in the discharge of its judicial functions.
In the United States’ Constitution for example, judicial independence is protected in two ways. First, Article III says that federal judges may hold their positions “during good Behaviour.” In effect, they have lifetime appointments as long as they satisfy the ethical and legal standards of their judicial office.
The appointment of judges should be based on the recommendation of an independent and impartial body e.g. Judicial Service Commission. Again, judges should enjoy the security of tenure. Their tenure must be fixed and termination of their appointment before term shall be on health grounds or professional misconduct.
The judiciary can be kept autonomous and impartial by following ways: the political parties should not interfere in the activities and decision of judiciary; the executive and the legislature should not interpret and interfere the works of judiciary and by keeping the balance between the three organs of the government.
Judicial autonomy stipulates the manner in which the organs of government should operate and there can be no deviation from its provisions; hence the unconstitutionality of anything to the contrary.
Judicial financial autonomy is a component of its independence and the political class must ensure this to preserve and indeed encourage a free and fair adjudicatory system. The need for judicial independence cannot be overemphasised and is rooted in Section 6 of 1999 Constitution (as amended).
An independent judiciary is necessary to ensure the rule of law is respected. Judicial independence means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law.
To maintain judicial independence, federal judges should, in fact, be elected as against the manner at which they are appointed. Apart from this, the position of a judge should be a life term, as long has his/her mental state is sound. And of course, judges can’t have their salaries reduced as it is being done.
Judicial independence ensures, in particular, that judges are free to conclude that actions taken, or decisions made by the government (or even by others) that are in breach of the law, and that they are in particular in breach of individual’s rights, including of course their fundamental, or human, rights — and to decide.
The concept of judicial independence is the one that protects the weak from the powerful; the minority from the majority; the poor from the rich; yes, even the citizens from excesses of government.
As the 2023 general elections approach, we need judicial autonomy more than ever before. The elections will be won and lost. Aggrieved candidates will approach tribunals/courts to seek redress. The judgments must not be the case of he who pays the piper dictating the tune. In a situation whereby a judge is appointed by a sitting president, how would he not be influenced by the party of the one that gave him appointment.
Politicians and their parties should stay away from the judges. The welfare of the judges should be looked into. If they are comfortable, they won’t be easily influenced, saying the truth at all times without fear nor favour.
For equity and fairness in a nation, where rule of law is guaranteed, judicial autonomy is a must. By so doing, the judiciary does not take dictates from the executive, so that there is separation of power and the three arms government serving as watchdogs to one another. This is the only way to have a peaceful and virile nation devoid of oppression.
