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Judicial reform in Nigeria: Creation of new courts

Posted by Unknown Sabtu, 18 Mei 2013 0 komentar

A Judicial reform in Nigeria is needed. I have been taught if something is not working, you change it. Most Nigerians will agree with me that we need a drastic change in Nigeria's legislation. The situation is so bad that I will recommend the creation of new courts to help this course.

Judicial reform in Nigeria

While the Legislature is responsible for making laws and the Executive is charged with the implementation of such law, the Judiciary is responsible for the interpretation of the law in accordance with the provisions of the Constitution. When all parties are equally run by the same person(s), in the case of Nigeria, the country is otherwise lawless. A country run by the commander in chief and his friends and deemed 'above the law' needs a judicial reform.

Let's review the Judicial systems in Nigeria. The Constitution provides for Federal and State Courts, as well as Election Tribunals. At the apex of the Judiciary is the Supreme Court.

The Federal Courts are:
The Court of Appeal
The Federal High Court
The High Court of the Federal Capital Territory, Abuja
The Sharia Court of Appeal of the Federal Capita! Territory, Abuja.
The Customary Court of Appeal of the Federal Capital Territory.

The State Courts are:
The High Court
The Sharia Court of Appeal
The Customary Court of Appeal

The Election Tribunals are:

The National Assembly Election Tribunals
The Govemorship and Legislative Houses Election Tribunals

In addition to the Courts and Tribunals established by the Constitution, there are other court and tribunals created by Federal or State laws. These include: Magistrate Courts, Area Courts, Sharia Courts and Customary Courts.

The Chief Justice of Nigeria, the President of the Court of Appeal, the Chief Judge of the Federal High Court and the Chief Judge of the High Court of the Federal Territory, Abuja are all appointed by the President on the advice of the National Judicial Council subject to the consent of the Senate.

The President also appoints the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja in the same manner as friose of the other Federal Courts. All other judicial appointments to the Federal Courts are made by the President on the advice of the National Judicial Council.

The Governors appoint the Chief Judges of the States, the Grand Kadi of the Sharia Court of Appeal and the President of the Customary Court of Appeal, in those States where those courts exist, on the advice of the National Judicial Council and the State House of Assembly. All other judicial appoint- ments to State Courts are made by the Governor of the State on the advice of the National Judicial Council.

The Supreme Court, the highest court of the land is duly constituted to not less than five Justices.

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