The Role of the Judiciary in Upholding the Rule of Law in Nigeria.
By Sulaimon Nasirudeen
The rule of law is one of the fundamental principles upon which Nigeria’s democratic system is built. It seeks to establish a society where laws are obeyed and enforced regardless of an individual’s status or position. The judiciary plays a critical role in upholding the rule of law, ensuring that justice is served and the rights of citizens are protected. This article highlights the roles of the judiciary in upholding the rule of law and that justice is served equally regardless of one’s status or background. The judiciary plays a vital role in upholding the rule of law in Nigeria. In this article, we will examine the various ways in which the Nigerian judiciary contributes to the maintenance of the rule of law in Nigeria.
Section 1 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that “The Federal Republic of Nigeria shall be governed by the provisions of this Constitution.” This means that every action of government officials, whether at the federal, state, or local government level, must comply with the provisions of the Constitution. If any government official or agency violates the Constitution, the judiciary, through its powers of judicial review, can strike down such actions as unconstitutional.
The Nigerian judiciary is also responsible for the interpretation of the law. This means that the courts must ensure that the law is applied accurately and consistently in all cases. In doing so, the judiciary ensures that the legal system works as intended and that justice is served fairly and impartially.
Section 36 of the Constitution also provides for the right to a fair hearing. This means that every person is entitled to a fair and impartial hearing before a court or tribunal. The judiciary is responsible for ensuring that this right is upheld in every case brought before it. This ensures that justice is not only done but is seen to be done.
The judiciary is also responsible for ensuring that the law is applied equally to all citizens, regardless of their status or background. In performing this duty, the judiciary upholds the principle of equality before the law, which is a crucial component of the rule of law.
Additionally, the judiciary has the power to protect individual rights and freedoms, as guaranteed by the Constitution. This includes the right to life, liberty, and the pursuit of happiness. Any actions by the government that violate these rights can be challenged before the courts, who have the power to strike down such actions as unconstitutional.
In conclusion, the role of the judiciary in upholding the rule of law in Nigeria is crucial. The judiciary ensures that the Constitution is upheld, the law is interpreted accurately and consistently, justice is served fairly, and individual rights and freedoms are protected. The judiciary must be allowed to perform its duties independently and free from any form of interference so that it can continue to uphold the rule of law and ensure that justice is done.
