THE IMPACT AND EFFECTIVENESS OF JUDICIAL PROCEEDING AND DEMOCRATIC GOVERNMENT IN NIGERIA

ABSTRACT

THE WORK EXAMINED THE IMPACT AND EFFECTIVENESS OF JUDICIAL PROCEEDING AND DEMOCRATIC EVIDENCE IN NIGERIA WITH REFERENCE TO ANAMBRA STATE, THE METHODOLOGY ADOPTED WAS CONTENT ANALYSIS WHICH WAS ANALYTICAL AND DESCRIPTIVE IN NATURE WITH OUR SOURCES OF DATA DERIVING FROM A COMBINATION OF SECONDARY AND THE PRIMARY SOURCES AND INVOLVING THE USE OF TEXT BOOK, QUESTIONNAIRES, JOURNALS, AND INTERNET MATERIALS ETCETERA. THE WORK EXAMINED SOME ACTIVITIES OF JUDICIARY AS WELL AS THE PROBLEMS AND PROSPECTS OF THE ARM OF GOVERNMENT. THE FINDING REVEALED THAT JUDICIARY HAS PERFORMED GREATLY IN DISCHARGING OF JUSTICE BUT STILL, THERE ARE A NUMBER OF PROBLEMS FACING JUDICIARY WHICH RANGES FROM POLITICAL INTERFERENCE, SLOW PACE OF JUDICIARY PROCEDURE, POOR REMUNERATION ETC. BASE ON THE ABOVE THE RESEARCH RECOMMENDS THAT THE GOVERNMENT SHOULD PROVIDE JUDICIARY WITH MODERN COMMUNICATION AND INFORMATION FACILITIES TO ENHANCE HER WORK, POLITICAL INTERFERENCE SHOULD BE MINIMIZED AND MORE FUNDS SHOULD BE ALLOCATED TO THE COMMISSION COUPLED WITH PUBLIC ENLIGHTENMENT FOR THE PUBLIC TO BE FURTHER AWARE OF THE ACTIVITIES OF JUDICIARY.

TABLE OF CONTENT

Title of page – – – – – – – – -i

Certification – – – – – – – – -ii

Dedication – – – – – – – – -iii

Acknowledgment – – – – – – – -iv

Abstracts – – – – – – – – -vi

Table of Contents — – – – – – -viii

CHAPTER ONE

1.1 The background of the study – – – -1

1.2 Statement of the problem – – – – -4

1.3 Research questions – – – – – -8

1.4 Objective of the study — – – – -8

1.5 Significance of the study – – – – -9

1.6 Scope/Limitation of the study – – – -10

1.7 Research Hypothesis – – – – – -11

1.8 Theoretical frame work of analysis – – -11

1.7 Definition of term – – – – – – -14

CHAPTER TWO

2.1 Review of Related Literature – – – – -18

2.2 Judiciary – – – – – – – -18

2.3 Independence of judiciary – – – – -24

2.4 Democracy – – – – – – – -27

CHAPTER THREE

3.1 Brief outline of the study – – – – -43

3.2 Design of the study – – – – – -43

3.3 Area of study – – – – – – – -44

3.4 Population of the study – – – – -44

3.5 Sample of the study – – – – – – -45

3.6 Instrument for data collection – – – -45

3.7 Validation of the instrument – – – -46

3.8 Distribution and retrieval of instruments – -46

3.8 Method of data analysis – – – – – -47

CHAPTER FOUR

Presentation and Analysis of Data

4.1 Presentation and data/findings – – – -48

4.2 Data analysis interpretation /Discussion of

Finding – – – – – – – -49

4.3 Findings – – – – – – – – -56

CHAPTER FIVE

5.1 Summary – – – – – – – -57

5.2 Conclusion – – – – – – – -60

5.3 Recommendations — – – – – -61

Bibliography – – – – – – – -65

Appendix – – – – – – – -69

Questionnaire – – – – – – -70

CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Judiciary is the third arm of government. The formation of government is specifically for peace and protection of life and property in the society as well as protection and promotion of democratic dividend. The agreement for the formation of government was contained in the constitution. Constitution is the system of law, customs, and fundamental principles established for the guidance and government of state. It is the supreme authority of each democratic system.

It is also within the constitutional frame work that there are division of powers between the three arms of government, each within its own sphere co-ordinates and independent (Ndoh 2003). The constitution has assigned to the judiciary the responsibility of the interpretation of the constitution, a responsibility which contributes in ensuring that other arms of government and member of the public under them, perform their respective functions as it envisage by the constitution and in accord with the law (Nnaemeka Agu, 2002).

In the light of above, Nigerian judiciary particularly in Anambra state has been playing vital rules in the political system of the state since independent, but due to corruption, redtapism, political interference by other arm of government and worst military incursion or intervention in the politics and government of Nigeria particularly Anambra State has been a set back on the independent and judicial proceeding in the state. According to Okafor (quoted Okpata et al 2000)

The independent of the judiciary has suffered greatly in Nigeria especially under military rule. The military promulgated decrees with outer clauses which denied the judicially authority over certain matters. The judicially seem also teleguided or manipulated to delivered certain judgment.

In addition, it is beyond dispute that sustenance of democratic dividend in modern world, an independent, impartial and upright judicially is necessity for sustenance of democracy in Anambra state and Nigerian in general.

Nevertheless, this work will focus on the impact and effectiveness of judicial proceeding in providing democratic dividends in Nigeria with focus on Anambra state.

1.2 STATEMENT OF PROBLEM

Federal Republic of Nigeria gave the judiciary of the power to interpret the constitution and laws of the land, the constitution maintained that the judiciary should be independent, impartial and upright in the function. Nigeria judiciary suppose to help in the consolidation of democracy and act as the last hope of common man as well as help in their achievement of democratic values.

Nevertheless, several problems are encountered by the Nigeria judiciary in carrying out their constitutional assigned functions. This problems has hampered them from discharging their constitutional responsibilities, they are as follows: corruption, lack of financial autonomy, delay in the judiciary process, lack of independent machinery for the enforcement of its decision and influence of political office holder etc. this actually has made Nigerian judiciary ineffective in sustenance and consolidation of democracy in Nigeria political system.