{"id":45082,"date":"2023-02-14T07:13:49","date_gmt":"2023-02-14T07:13:49","guid":{"rendered":"https:\/\/dnllegalandstyle.com\/?p=45082"},"modified":"2023-02-14T07:13:49","modified_gmt":"2023-02-14T07:13:49","slug":"thoughts-on-judicial-integrity-in-nigeria","status":"publish","type":"post","link":"https:\/\/dnllegalandstyle.com\/dnl\/thoughts-on-judicial-integrity-in-nigeria\/","title":{"rendered":"Thoughts on Judicial Integrity in Nigeria"},"content":{"rendered":"

By Dr. Charles Omole<\/strong><\/em><\/p>\n

In my view, our imperfect Constitution has remained so, partly due to Judicial activism of revisionist judges. Courts should be throwing back to the Legislators unclear areas of the Const, for democratic change by the people. Court should not make laws by stretching interpretation<\/p>\n

If a Constitution is full of mischiefs & Lacunas (as ours is), the court should not take on the job of fixing it in a democracy. That is for the people thru their elected legislatures. Activism can tempt judges to give to mere opinion the cloak of judicial certitude.
\nIt can stretch the fabric of fact, inference and case law to the point where there are gaps large enough for the unscrupulous or the incompetent to exploit. Everybody runs to courts every time there is an unclear legal position based on bad drafting. Courts should be sending them back to NA fix their own mess.<\/p>\n

Nigerian courts now regularly contradict themselves; give senseless orders, assign incredible Bail conditions and make mockery of Equitable Jurisprudence. It is now a strain on the eyes and senses to see semblance of Judicial Independence. There are definitely many individual excellent and honest judges; but the reputation of the collective institution of the judiciary is more debatable. There is certainly need for greater Judicial Discipline in Nigeria to rescue the soul of this esteemed institution from further decline.<\/p>\n

This is not just about this current government. Many of the egregious verdicts of our courts were given under the PDP. We are still living under the weight of these illogical precedents. So this malady transcends political parties. Political interference in our Judiciary is historical in nature. Many can still remember the interesting verdicts on the 1979 elections. How do we sanitise the Judiciary? That will be dealt with through another Thread. But change will take many years and this must start with the caliber of candidates appointed in the first place.<\/p>\n

\n

Dr. Charles Omole<\/a> is a Lawyer, Security consultant, Trainer and Strategist to businesses and governments across Europe, Middle East and Africa.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

By Dr. Charles Omole In my view, our imperfect Constitution has remained so, partly due to Judicial activism of revisionist judges. Courts should be throwing back to the Legislators unclear areas of the Const, for democratic change by the people. Court should not make laws by stretching interpretation If a Constitution is full of mischiefs […]<\/p>\n","protected":false},"author":9,"featured_media":45085,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[10],"tags":[],"class_list":["post-45082","post","type-post","status-publish","format-standard","has-post-thumbnail","category-opinions"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t