The Provisions of 1999 Constitution of Nigeria on Appointment, Discipline and Removal of Judicial Officers and Implications for an Effective and Independent Judiciary

The subject of an effective and independent judiciary has more often than not, engaged the interest of drafters of Nigerian Constitutions. The issues of appointment, discipline and removal of judicial officers were carefully enshrined, having regard to their sensitive nature, with a view to enthroning an independent and effective judiciary. However, of all the constitutions ever enacted in Nigeria, the 1999 Constitution, which is in use currently, stands out clearly with its salient provisions aimed at ensuring judicial effectiveness and independence. The introduction of the National Judicial Council (NJC), for instance, is a noteworthy innovation of the 1999 Constitution, particularly with reference to the appointment, discipline and removal of judicial officers. This paper examines how well these constitutional provisions enshrined in the 1999 have succeeded in producing the intended effectiveness and independence. The paper also highlights the limitations and challenges experienced so far in the course of applying those provisions. The paper draws conclusion and suggests practical recommendations for a manifestly independent and effective judiciary. KEYWORDS: Judiciary, Judicial officers, judicial effectiveness, judicial independenc

The Relevance of Public Interest Litigation to Democracy and Good Governance in Nigeria

One of the various mechanisms that exist to enhance the practice of precipitating social change by the means of court decisions that reform legal rules, enforce existing laws and articulate public norms is the idea of Public Interest Litigation.  The most significant objective behind this mechanism is to promote public good.  Nigeria, a country richly endowed with huge human and material resources had lamentably lagged in terms of genuine commitment to the tenets of democracy and adherence to the principles of good governance.  However, the emergence of Public Interest Litigation has offered great hope about addressing this situation.  Private individuals can now institute legal proceedings towards providing remedies for perceived public wrongs.  Against the background, this paper sets out to examine the relevance of public interest litigation to the entrenchment of democracy and good governance in Nigeria.  The paper further considered the prospects and challenges of public interest litigation in Nigeria and suggested solutions to these problems. Keywords: - Nigeria, democracy, good governance, public interest litigation, rule of law, constitutionalism

The Relevance of the Doctrines of Natural Law, Human Rights and International Law to the Principle of Self-Determination: The Case of Nigeria

In recent times, worldwide, agitations for self-determination, whether internal or external (secession), are becoming common.  Also, in Nigeria, the agitation for self-determination has become intense. Historically, multiple independent nationalities were cobbled together by the British to form the nation called “Nigeria” without first seeking and obtaining their consent. Invariably, Nigeria is often under threats of instability due to separatist agitations from her diverse ethnic groups. Although, self-determination is expressed to be a “right’’ in different international legal instruments like the United Nations Charter and the African Charter on Human and Peoples’ Rights (ACHPR) and even the International Court of Justice (ICJ) has declared it to be of erga omnes in nature, the nature of this “right’ is still controversial. For instance, it is argued that the right to self-determination originated from natural law. Separatists in Nigeria, agitating for self-determination anchor their arguments on this contention. This paper examine the agitations for self-determination in Nigeria from the standpoints of natural law, the doctrine of human rights and the principles of international law. The objectives are to know if self-determination originated from natural law, and to see the nexus between self-determination and the doctrine of human rights. Also, to identify the status of self-determination as a right under international law; and how all these apply to the Nigerian situation. The paper adopted doctrinal research methodology, using both primary and secondary sources. The paper concluded that the tripartite doctrines of natural law, human rights and international law apply to the Nigerian situation