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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Judiciary in Periods of Political Crisis and Conflicts in Nigeria
Author:Oyewo, Oyelowo
Year:1998
Periodical:African Journal of International and Comparative Law
Volume:10
Issue:3
Period:October
Pages:507-521
Language:English
Geographic term:Nigeria
Subjects:political stability
judicial power
Law, Human Rights and Violence
Politics and Government
Link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol10&id=521&collection=journals&index=journals/afjincol
Abstract:This article examines the role of the judiciary in the resolution of political conflicts and crises in Nigeria. Judicial power cannot come into play in all instances of political crisis: it must be moved by an aggrieved party who must bring a legal claim before the court. The author first examines relevant cases brought before a court of law during the period of constitutional democracy under the Second Republic. He then studies the role of the court during the different periods of military rule. The nature and structure of the executive and legislative organs of the military regimes seriously impacts the operation of the principle of the separation of power. The author further analyses several cases brought before the courts during the period of transition to civil rule which started in 1987 under General Ibrahim Babangida, during the crisis which followed the annulment of the presidential election of 12 June 1993, and during the subsequent Abacha military regime. Finally, he reviews the factors that compromise the independence of the judiciary. Of grave consequence is the seeming lack of vision of the judiciary regarding the future of the nation in periods of crisis. Notes, ref.
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