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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The notion of the independence of judges, myth or reality
Author:Nwodo, Regina ObyISNI
Periodical:Annual conference - African Society of International and Comparative Law
Geographic term:Nigeria
Subject:judicial power
Abstract:The structural arrangement of the judiciary in Nigeria has laid the foundation for judicial independence. The doctrine of separation of powers enshrined in the 1979 Constitution allows for interplay, checks and balances. While the supreme court in Nigeria has on many occasions demonstrated judicial independence, the remaining section of the judiciary, the high courts, the magistrate courts, the area and customary courts have not displayed or claimed their independence. In effect, the notion of the independence of the judge in Nigeria is a myth. The author comes to this conclusion following an examination of the position of the judiciary in Nigeria, the scope of judicial power, the independence of the judge, judicial immunity, appointment discipline and security of tenure, remuneration, and corruption, and legislative and executive interference, notably restrictions on the jurisdiction of courts and disobedience of court orders. Notes, ref.