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Judiciary ROLE in rule of law in Nigeria

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By Abraham Adekunle

Ensures proper law application and protection of human rights, among others.

Nigeria’s Judiciary is a multi-tiered system designed to ensure fair and efficient justice delivery. At the apex is the Supreme Court, the highest authority, which interprets the Constitution, handles appeals from lower courts, and resolves issues related to constitutional and federal laws. Its decisions set legal precedents that shape Nigerian law. Below the Supreme Court is the Court of Appeal, which reviews decisions from the Federal High Court, National Industrial Court, and state courts. The Court of Appeal ensures that lower court rulings align with the law and can correct errors, with its judgments being binding on lower courts but subject to review by the Supreme Court.

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The Federal High Court, next in the hierarchy, handles cases involving federal laws, including those on the economy, commerce, and fundamental rights. It also addresses disputes between individuals and the federal government or among federal agencies. The National Industrial Court specializes in employment, labor, and industrial disputes, ensuring stability in industrial relations. At the state level, High Courts oversee civil and criminal cases under state laws and serve as the first appellate court for lower courts like Magistrate Courts, which handle minor civil matters, less serious crimes, and preliminary hearings. Magistrate Courts operate at the grassroots level, making justice accessible across local government areas.

Interpreting laws and protecting fundamental human rights.

As the protector of the Constitution and executor of peoples’ rights and duties, the judiciary is the bastion for the implementation of the Rule of Law in Nigeria. As the third arm of the government, the Judiciary is empowered to interpret and apply the laws with non-partisan skill and dexterity. It ensures that justice is available to all without fear or favor, regardless of status or influence. In view of this, it ensures that such laws enacted by the legislature and executed by the executive are in conformity with the principles of justice, equity, and fairness.

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Among the major functions dished out for the judiciary to play in ensuring the rule of law is protection with regards to fundamental rights. The judiciary, through its interpretation of the Nigerian Constitution, ensures protection for the rights of the citizenry by also providing remedying processes whenever their rights are infringed. This is well manifested in the cases of human rights, under the jurisdiction, violated by the government or any other party for engaging in unauthorized actions. In this way, the judiciary ensures protection of these rights by ensuring that none, either as an individual or as a group, is above the law and that everyone is fairly treated under the provisions of the law.

Serves as the token of checks and balances on other arms of government.

It serves as a check on the powers of the other branches of government by ensuring they do not go beyond their constitutional limits. Through the doctrine of judicial review, in securing this, the judiciary can annul laws and executive actions that do not accord with the Constitution. This function is very vital in the maintenance of the balance of power within the government and in the prevention of abuse in authority. By making sure that all the actions of the government are subject to legal scrutiny, the Judiciary reinforces the view that the rule of law is supreme.

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Further, the arm of government helps in stabilizing the legal system of Nigeria. Thus, its interpretations of the laws and consequent precedents set a guiding and directing precedence for future legal decisions with uniformity and predictability for applications of the law essentially required for the maintenance of public confidence in the legal system. The sense of justice and its ordering in society—that sine qua non for the entrenchment of the rule of law—is fostered if the judiciary administers the law consistently and fairly.

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Still, the judiciary plays a very vital role in the resolution of conflicts, whether between two people, businesses, or different levels of government. It averts the development of those conflicts into violence or civil unrest by providing a legal forum for the peaceful resolution of such disputes. A court or tribunal procedure for dispute resolution is indispensable to social harmony because it makes sure that conflicts are settled under the law and not by arbitrary or extra-legal means. The judiciary has a responsibility to ensure that electoral matters are guided in accordance with the rule of law. It does so by adjudicating electoral disputes and ensuring that the processes stay within the law, as well as respecting the people’s will.

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