Presentation at the Nigerian Bar Association Annual General Conference, Abuja 2015 on Current Developments in Judicial Reforms in Nigeria

Total Page:16

File Type:pdf, Size:1020Kb

Presentation at the Nigerian Bar Association Annual General Conference, Abuja 2015 on Current Developments in Judicial Reforms in Nigeria PRESENTATION AT THE NIGERIAN BAR ASSOCIATION ANNUAL GENERAL CONFERENCE, ABUJA 2015 ON CURRENT DEVELOPMENTS IN JUDICIAL REFORMS IN NIGERIA Introduction The words of the then Speaker of the Nigerian House of Representatives, Rt. Hon. Aminu Waziri Tambuwal at the public hearing of the bill for the enactment of the administration of Criminal Justice Bill vividly captures the need for continuous judicial reform of any nation. According to him “….human society is dynamic; the system of administration of justice cannot be static but must be improved to create more effective and efficient mechanisms, procedures and institutions for dealing with the new realities and challenges in the society. This is because it is impossible to have a sound economy without a solid foundation of good laws that can curb anti-social behaviours and other disruptive tendencies. As we develop plans and strategies for the economic and other forms of reforms, we also need to develop plans and programmes for creating sound laws and procedural systems consistent with our commitment to our legislative agenda.” One cannot but agree with the above submission as a sound economy is the surest engine of growth and the shortest route to tackling the challenges that confronts any given society. No nation, therefore, can boast to have achieved the best of reform in its judicial system at any given time without putting measures in place that allow for the continuous reform of its justice sector in line with the changes inherent in human society which also translates to changes in the economy. The role of law in promoting economic development cannot be underscored because most of human lives and interaction with each other are regulated by law. Law serves an economic function because it recognises the freedom to do business within defined parameters. To 1 ensure a sound economy therefore, the legal regime must be equally sound and make provisions of an assuring platform for entrepreneurs and businesses that can create jobs towards alleviating or at least significantly diminishing poverty1. Judicial reform requires both cultural and systematic change in the delivery of justice. Such a program include repealing/ amendment of antiquated laws, enactment of modern laws to meet the needs of ever changing socio-economic conditions, court modernization and restructuring, legal reforms and alternative dispute resolution mechanisms, training of judges, court personnel, and lawyers, students and civil society; and improved access to justice2. At the fulcrum of the achievement of sound judicial reform by any nation is an improved access to justice. Access to justice implies that people in need of help find effective solutions available from justice systems which are accessible, affordable, comprehensible to ordinary people, and which dispense justice fairly, speedily and without discrimination, fear or favour and a greater role for alternative dispute resolution. It includes the judicial and administrative remedies and procedures available to an aggrieved person or one likely to be aggrieved by an issue; the fair and equitable legal framework that protects human rights and ensures delivery of justice. Without effective access to justice there is no effective legal protection of human rights which invariably will promote self help and attendants crimes. That is why the legislatures or parliaments, governments and 1Review of laws for social and economic development in Nigeria byBolajiOwasanoye on Vanguard Newspaper, October 23, 2009. Available at http://www.vanguardngr.com/2009/10/review-of-laws- for-social-and-economic-development-in-nigeria. 2 Judicial Overhaul Urgently Needed In Nigeria by Charles Musa, Premium Times, July 11, 2013. Available at http://www.premiumtimesng.com/opinion/140724-judicial-overhaul-urgently-needed-in- nigeria-by-charles-musa.html. 2 courts of every country have a positive duty to translate the ideal of effective access to justice into practical reality. Effective access is everywhere, should enjoy the equal protection of the law if there is to be justice for all3. The success of an effective justice system is measured not only by the number of cases that it manages to dispose of, but also and more specifically by the amount of litigation which is avoided because the rights and obligations of parties are ascertainable in advance. Where the justice system is reasonably effective and coherent, parties are able to ascertain the extent of their rights and obligations without systematic reference to the courts. In the context of judicial reform programs, the measures which need to be taken to reduce the duration of the litigation process are those relating to avoidable sources of delay, which tend to slow down and even halt proceedings unnecessarily4. The growing awareness and recognition on the part of African governments, donor agencies/development partners and Civil Society Groups, that poor people, particularly women, the powerless and the disadvantaged, are the most vulnerable to all forms of crime and discrimination; and that in very many cases, formal justice systems fail to protect them, is a step in the right direction. This has recently necessitated the need for African governments to develop the capacity to ensure safety, security and access to justice for all5. 3The Establishment of Registry Offices: - Legal Justification, Form And Modalities Of Their Functioning by Professor MuhammedTawfiqLadan (Ph.D), Department Of Public Law, Faculty Of Law,Ahmadu Bello University, Zaria. A presentation made by an international conference on the theme “Strategies for the strengthening of the effectiveness of the ECOWAS Court of Justice organised by theECOWAS Court of Justice, Abuja ON 21-25 February, 2011 At Ange Hill, East Legon Hotel, Accra, Ghana. 4POLICY BRIEF: Use of Data in Criminal Court Performance Measurement November, 2012, Chicago Apple Seed Journal. Available at http://www.chicagoappleseed.org. 5 Op. Cit. footnote 3. 3 The importance of justice systems for improving the lives of poor people by ensuring that everybody has access to systems which dispense justice fairly, speedily and without discrimination cannot be over-emphasized. Failure of states to provide citizens with protection from crime and access to justice impedes sustainable development8. All people have a right to go about their lives in peace, free to make the most of their opportunities. They can only do so if the institutions of justice and law and order protect them in their daily lives. States with poorly functioning legal systems and poor crime control mechanisms are unattractive to investors, so economic growth also suffers. Nigeria judicial sector has undergone some remarkable reforms though had been variously criticized for a plethora of reasons ranging from corruption, lack/inequality of access to justice, slow dispensation of justice, high cost of justice, and a host of others. The problems have been attributed to a number of players in the sector including government interference (lack of judicial independence), lawyers, judges, prison officials, police, etc. The submissions of the guest speakers at the public hearing of the Administration of Criminal Justice Act, 2015 organised by the House of Representatives in 2014 captures the perception of many on the Nigerian judicial system. The police, lawyers, prisons officials and even judges were accused of contributing to the slow pace of criminal justice delivery (which invariably includes the civil cases) by acts of omission or commission. For the Chief Judge of the Federal High Court, Justice Ibrahim Auta: “Corruption is the only reason that can explain the snail speed at which the administration of criminal justice is moving in Nigeria. There have been sad instances where prosecuting lawyers consciously and deliberately let in loopholes in the 4 course of drafting their charges. The idea is to let the guilty accused escape from the clutches of the law. At some other times, the Ministries, Departments and Agencies (MDAs) prefer to assign cases to external solicitors who act as their conduit for extorting huge sums of money from the government coffers. Why do some of these MDAs prefer to use external lawyers whose charges are intimidating in place of seasoned and well- groomed lawyers already on the payroll of government? The short answer is corruption.” In a bid to underscore the complicity of the various operators in the criminal justice system, Justice Auta said sometimes, defence and prosecuting lawyers might be ready to try a case only to be informed that prison officials have not produced the accused in court. At other times, he said, lawyers and judges “contribute heavily to the slowness and tardiness” in the dispensation of justice in Nigeria. In 2009, two critical reports and studies evaluated justice sector reform efforts in Nigeria in the past twenty years. The impact review focused, among other things, on: - (i) measures to strengthen judicial integrity and capacity through the development and implementation of a comprehensive strategy; (ii) measures to enhance access to justice and public trust; (iii) measures to actualize reform efforts relating to criminal law and procedure/practice, criminal justice sector case management and tracking, juvenile justice administration and penal reform agenda6. 6 Enhancing Access to Justice In Criminal Matters: - Possible Areas for Reform In Nigeria by MuhammedTawfiqLadan (Ph.D), Professor of Law Department Of Public Law, Faculty of Law, Ahmadu Bello University, Zaria. A Paper
Recommended publications
  • IN the SUPREME COURT of NIGERIA on Wednesday, the 31St Day of December 1969
    IN THE SUPREME COURT OF NIGERIA On Wednesday, the 31st Day of December 1969 Before their Lordship Sylvester Umaru Onu ..... Justice Supreme Court Akintola Olufemi Ejiwunmi ..... Justice Supreme Court Dahiru Musdapher ..... Justice Supreme Court Mahmud Mohammed ..... Justice Supreme Court Walter Samuel Nkanu Onnoghen ..... Justice Supreme Court SC208/2000 Between Chief Ugbor Ofia & 3 ors .... Appellant And Chief Isaiah Mba Ejem & 4 ors .... Respondent Judgment of the Court Delivered by Walter Samuel Nkanu Onnoghen. J.S.C. This is an appeal against the judgment of the Port Harcourt Division of the Court of Appeal delivered in appeal No CA/PH/156/94 on the 27th day of January 2000 in which it allowed the appeal of the present Respondents against the judgment of the High Court of Imo State holden at Afikpo in suit No HAF/3/77 delivered by Anyanwu, J. on the 30th day of July 1991 in favour of the Appellants who were Plaintiffs before that Court was set aside. On the 3rd day of February, 1977 the Appellants as Plaintiffs caused a Writ of Summons to be issued against the Respondents who were Defendants claiming the following reliefs: 1. The Plaintiffs claim against the Defendants jointly and severally as follows: - (a) Declaration of title to the piece and portion of land called Nchara Edda situate in Edda within jurisdiction. The annual value is less than ten Naira (N10. 00). (b) N50, 000.00 (Fifty thousand Naira) being general damages for trespass in that the Defendants without the consent and or permission sometime in 1973 broke and entered the Plaintiffs said Nchara Edda and made roads, made foundation for houses, made nursery for palm trees and cut many economic trees including palm trees and timber.
    [Show full text]
  • Nigerian Banking Law Reports [1997]
    NIGERIAN BANKING LAW REPORTS [1997] VOLUME 7 (PART II) To be cited as: [1997] 7 N.B.L.R. (PART II) Nigeria Deposit Insurance Corporation 2009 Nigeria Deposit Insurance Corporation Plot 447/448 Airport Road Central Business District P.M.B. 284, Garki Abuja, Federal Capital Territory [FCT] Nigeria Tel: +23495237715-6, +523696740-44 Members of the LexisNexis Group worldwide South Africa LexisNexis DURBAN 215 North Ridge Road, Morningside, 4001 JOHANNESBURG First Floor, 25 Fredman Drive, Sandton, 2196 CAPE TOWN Ground Floor, Waterford House, 2 Ring Road, Century City, 7441 www.lexisnexis.co.za Australia LexisNexis, CHATSWOOD, New South Wales Austria LexisNexis Verlag ARD Orac GmbH & Co KG, VIENNA Benelux LexisNexis Benelux, AMSTERDAM China LexisNexis, BEIJING Canada LexisNexis Butterworths, MARKHAM, Ontario France LexisNexis SA, PARIS Germany LexisNexis Germany, MÜNSTER Hong Kong LexisNexis, HONG KONG Hungary HVG-Orac, BUDAPEST India LexisNexis Butterworths Wadhwa Nagpur, NEW DELHI Ireland Butterworths (Ireland) Ltd, DUBLIN Italy Giuffrè Editore, MILAN Japan LexisNexis, TOKYO Korea LexisNexis, SEOUL Malaysia LexisNexis, KUALA LUMPUR New Zealand LexisNexis, WELLINGTON Poland LexisNexis Poland, WARSAW Singapore LexisNexis, SINGAPORE United Kingdom LexisNexis Butterworths, LONDON USA LexisNexis, DAYTON, Ohio © 2009 Nigeria Deposit Insurance Corporation, published by LexisNexis (Pty) Ltd under licence ISSN 1595-1030 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, including electronic, mechanical, photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
    [Show full text]
  • THE ORIGIN of the NAME NIGERIA Nigeria As Country
    THE ORIGIN OF THE NAME NIGERIA Help our youth the truth to know Nigeria as country is located in West In love and Honesty to grow Africa between latitude 40 – 140 North of the And living just and true equator and longitude 30 – 140 East of the Greenwich meridian. Great lofty heights attain The name Nigeria was given by the Miss To build a nation where peace Flora Shaw in 1898 who later married Fredrick Lord Lugard who amalgamated the Northern And justice shall reign and Southern Protectorates of Nigeria in the NYSC ANTHEM year 1914 and died in 1945. Youth obey the Clarion call The official language is English and the Nation’s motto is UNITY AND FAITH, PEACE AND Let us lift our Nation high PROGRESS. Under the sun or in the rain NATIONAL ANTHEM With dedication, and selflessness Arise, O Compatriots, Nigeria’s call obey Nigeria is ours, Nigeria we serve. To serve our fatherland NIGERIA COAT OF ARMS With love and strength and faith Representation of Components The labour of our hero’s past - The Black Shield represents the good Shall never be in vain soil of Nigeria - The Eagle represents the Strength of To serve with heart and Might Nigeria One nation bound in freedom, - The Two Horses stands for dignity and pride Peace and unity. - The Y represent River Niger and River Benue. THE PLEDGE THE NIGERIAN FLAG I Pledge to Nigeria my Country The Nigeria flag has two colours To be faithful loyal and honest (Green and White) To serve Nigeria with all my strength - The Green part represents Agriculture To defend her unity - The White represents Unity and Peace.
    [Show full text]
  • Thenigerialawyer(C) Copyright
    TheNigerialawyer(c) Copyright MEMBERS OF THE BODY OF BENCHERS (A) CHAIRMAN Mr. O. C. J. Okocha, MFR, SAN Life Bencher (B) VICE CHIARMAN Hon. Justice Olabode Rhodes-Vivour, CFR Life Bencher (C) FORMER CHAIRMEN OF THE BODY OF BENCHERS 1. Hon. Justice Adetokumbo Ademola, GCFR (Deceased) 1971-1972 2. Hon. Justice Taslim Ellias, GCON (Deceased) 1972-1973 3. Sir Darnley Alexender, KBE (Deceased) 1973-1974 4. Hon. Justice Augustine Nnamani (Deceased) 1974-1975 5. Hon. Justice Mohammed Bello, GCON (Deceased) 1975-1976 6. Hon. Justice G.S. Sowemimo, GCON (Deceased) 1976-1977 7. Chief Toye Coker, SAN (Deceased) 1977-1978 8. Chief Dr. G. C. M. Onyuike, SAN (Deceased) 1978-1979 9. Chief T.O. S. Benson, CFR, SAN (Deceased) 1979-1980 10. Hon. Justice Fatayi-Williams, GCON (Deceased) 1980-1981 11. Chief R.O.A. Akinjide, CON, SAN (Deceased) 1981-1982 12. Hon. Justice A.G. Irikefe, GCON (Deceased) 1982-1983 13. Alh. A. G. F. Abdul-Razaq, OFR, SAN (Deceased) 1983-1984 14. Hon. Justice Kayode Eso, CON (Deceased) 1984-1985 15. Chief F.R.A. Williams, CFR, SAN (Deceased) 1985-1986 16. Hon. Justice Mamman Nasir, GCON (Deceased) 1986-1987 17. Hon. Justice A.O. Obaseki, CON (Deceased) 1987-1988 18. Webber George Egbe, QC, SAN (Deceased) 1988-1989 19. Hon. Judge Prince Bola CFR, SAN 1989-1990 20. Chief Bankole Oki, SAN (Deceased) 1992-1993 1 TheNigerialawyer(c) Copyright 21. Hon. Justice M.L. Uwais, GCON 1993-1994 22. Mr. Kehinde Sofola, CON, SAN (Deceased) 1994-1995 23. Hon. Justice M.M.A Akanbi, CON (Deceased) 1995-1996 24.
    [Show full text]
  • Corruption in Nigerian Courts: Fashioning the Way out Through Legal and Institutional Mechanisms
    Journal of Law and Global Policy Vol. 3 No. 1 2017 www.iiardpub.org Corruption in Nigerian Courts: Fashioning the Way Out Through Legal and Institutional Mechanisms I. O. Babatunde (Ph.D) & Dr. A.O. Filani [email protected] Abstract The judiciary, which is the third arm of government is perceived by the generality of the people as the last hope of the masses. It is expected to dispense justice without fear, favour or in defiance to whose ox is gored. However, where this last hope is infested with corruption, the last hope of the common man is dashed. This paper appraised the Nigerian judiciary vis –a-vis the attendant corruption of some of its members. The judiciary has a large role to play in the successful administration of justice in a given polity. To achieve this, it must be fearless, just and fair in the determination of cases before it. The paper found that some members of the Nigerian judiciary fell short of this confidence reposed in them by being corrupt and this has whittled down effective administration of justice in Nigeria. The paper concluded that a corrupt free judiciary is an antidote to a fair and just society. Key Words: Judiciary, Corruption, Justice, Nigeria. Courts, Law Introduction Corrupt practices among the people or groups predate the arrival of the colonial masters in Nigeria and the incidence of corrupt practices remained unchecked during the colonial administration.1The level of increase in corrupt practices in Nigeria was one of the major factors responsible for the collapse of the first republic.2 Corruption is an issue of concern to well- meaning Nigerians.
    [Show full text]
  • List of Justices of the Supreme Court and the Court of Appeal
    LIST OF JUSTICES JUSTICES OF THE SUPREME COURT THE HON. JUSTICE DAHIRU MUSDAPHER CHIEF JUSTICE OF NIGERIA THE HON. JUSTICE ALOMA MARIAM MUKHTAR JUSTICE OF THE SUPREME COURT THE HON. JUSTICE MAHMUD MOHAMMED JUSTICE OF THE SUPREME COURT THE HON. JUSTICE WALTER SAMUEL NKANU ONNOGHEN JUSTICE OF THE SUPREME COURT THE HON JUSTICE FRANCIS FEDODE TABAI JUSTICE OF THE SUPREME COURT THE HON. JUSTICE IBRAHIM TANKO MUHAMMAD JUSTICE OF THE SUPREME COURT THE HON. JUSTICE CHRISTOPHER MITCHELL CHUKWUMA – ENEH JUSTICE OF THE SUPREME COURT HON. JUSTICE M.S. MUNTAKA – COOMASSIE JUSTICE OF THE SUPREME COURT THE HON. JUSTICE JOHN AFOLABI FABIYI JUSTICE OF THE SUPREME COURT THE HON. JUSTICE OLUFUNLOLA OYELOLA ADEKEYE JUSTICE OF THE SUPREME COURT THE HON. JUSTICE SULEIMAN GALADIMA JUSTICE OF THE SUPREME COURT THE HON. JUSTICE BODE RHODES – VIVOUR JUSTICE OF THE SUPREME COURT THE HON. JUSTICE NWALI SYLVESTER NGWUTA JUSTICE OF THE SUPREME COURT THE HON. JUSTICE MARY UKAEGO PETER- ODILI JUSTICE OF THE SUPREME COURT THE HON JUSTICE OLUKAYODE ARIWOOLA JUSTICE OF THE SUPREME COURT LIST OF JUSTICES OF THE COURT OF APPEAL HON. JUSTICE DALHATU ADAMU ACTING PRESIDENT OF THE COURT OF APPEAL LAGOS DIVISION HON. JUSTICE KUMAI BAYANG AKAAHS JUSTICE OF THE COURT OF APPEAL HON. JUSTICE HELEN MORONIKEJI OGUNWUMIJU JUSTICE OF COURT OF APPEAL HON. JUSTICE IBRAHIM MOHD MUSA SAULAWA JUSTICE OF THE COURT OF APPEAL HON. JUSTICE JOHN INYANG OKORO JUSTICE OF THE COURT OF APPEAL HON. JUSTICE SIDI DAUDA BAGE JUSTICE OF THE COURT OF APPEAL HON. JUSTICE NOSAKHARE PEMU JUSTICE OF THE COURT OF APPEAL HON. JUSTICE MOHAMMED AMBI-USI DANJUMA JUSTICE OF THE COURT OF APPEAL KADUNA DIVISION HON.
    [Show full text]
  • Nigerian Banking Law Reports
    NIGERIAN BANKING LAW REPORTS [2001 – 2003] VOLUME 12 To be cited as: [2001 – 2003] 12 N.B.L.R. Nigeria Deposit Insurance Corporation Nigeria Deposit Insurance Corporation Plot 447/448 Airport Road Central Business District P.M.B. 284, Garki Abuja, Federal Capital Territory [FCT] Nigeria Tel: +23495237715-6, +523696740-44 Members of the LexisNexis Group worldwide South Africa LexisNexis (Pty) Ltd DURBAN 215 Peter Mokaba Road (North Ridge Road), Morningside, Durban, 4001 JOHANNESBURG Building No. 9, Harrowdene Office Park, 124 Western Service Road, Woodmead, 2191 CAPE TOWN Office Floor 2, North Lobby, Boulevard Place, Heron Close, Century City, 7441 www.lexisnexis.co.za Australia LexisNexis, CHATSWOOD, New South Wales Austria LexisNexis Verlag ARD Orac, VIENNA Benelux LexisNexis Benelux, AMSTERDAM Canada LexisNexis Canada, MARKHAM, Ontario China LexisNexis, BEIJING France LexisNexis, PARIS Germany LexisNexis Germany, MÜNSTER Hong Kong LexisNexis, HONG KONG India LexisNexis, NEW DELHI Italy Giuffrè Editore, MILAN Japan LexisNexis, TOKYO Korea LexisNexis, SEOUL Malaysia LexisNexis, KUALA LUMPUR New Zealand LexisNexis, WELLINGTON Poland LexisNexis Poland, WARSAW Singapore LexisNexis, SINGAPORE United Kingdom LexisNexis, LONDON USA LexisNexis, DAYTON, Ohio © 2013 Nigeria Deposit Insurance Corporation, published by LexisNexis (Pty) Ltd under licence ISSN 1595-1030 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, including electronic, mechanical, photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. Whilst every effort has been made to ensure that the information published in this work is accurate, the editors, publishers and printers take no responsibility for any loss or damage suffered by any person as a result of the reliance upon the information contained therein.
    [Show full text]
  • Nigerian Banking Law Reports
    NIGERIAN BANKING LAW REPORTS [2002 – 2004] VOLUME 11 (PART II) To be cited as: [2002 – 2004] 11 N.B.L.R. (PART II) Nigeria Deposit Insurance Corporation Nigeria Deposit Insurance Corporation Plot 447/448 Airport Road Central Business District P.M.B. 284, Garki Abuja, Federal Capital Territory [FCT] Nigeria Tel: +23495237715-6, +523696740-44 Members of the LexisNexis Group worldwide South Africa LexisNexis Durban 215 Peter Mokaba Road (North Ridge Road), Morningside, 4001 Johannesburg First Floor, 25 Fredman Drive, Sandton, 2196 Cape Town Office Floor 2, North Lobby, Boulevard Place, Heron Close, Century City, 7114 www.lexisnexis.co.za Australia LexisNexis, CHATSWOOD, New South Wales Austria LexisNexis Verlag ARD Orac GmbH & Co KG, VIENNA Benelux LexisNexis Benelux, AMSTERDAM China LexisNexis, BEIJING Canada LexisNexis Butterworths, MARKHAM, Ontario France LexisNexis SA, PARIS Germany LexisNexis Germany, MÜNSTER Hong Kong LexisNexis, HONG KONG Hungary HVG-Orac, BUDAPEST India LexisNexis Butterworths Wadhwa Nagpur, NEW DELHI Ireland Butterworths (Ireland) Ltd, DUBLIN Italy Giuffrè Editore, MILAN Japan LexisNexis, TOKYO Korea LexisNexis, SEOUL Malaysia LexisNexis, KUALA LUMPUR New Zealand LexisNexis, WELLINGTON Poland LexisNexis Poland, WARSAW Singapore LexisNexis, SINGAPORE United Kingdom LexisNexis Butterworths, LONDON USA LexisNexis, DAYTON, Ohio © 2009 Nigeria Deposit Insurance Corporation, published by LexisNexis (Pty) Ltd under licence ISSN 1595-1030 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, including electronic, mechanical, photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
    [Show full text]
  • Judicial Independence Under Nigeria's Fourth Republic 5
    Aka: Judicial Independence under Nigeria’s Fourth Republic: Problems +(,1 2 1/,1( Citation: 45 Cal. W. Int'l L.J. 1 2014 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jun 10 14:20:02 2015 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0886-3210 Published by CWSL Scholarly Commons, 2014 1 California Western International Law Journal, Vol. 45, No. 1 [2014], Art. 2 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL VOLUME 45 FALL 2014 NUMBER 1 JUDICIAL INDEPENDENCE UNDER NIGERIA'S FOURTH REPUBLIC: PROBLEMS AND PROSPECTS PHILIP C. AKA* TABLE OF CONTENTS INTRODUCTION AND PURPOSE OF STUDY.........................3 I. DEFINING JUDICIAL INDEPENDENCE ............................ 9 A. Key Indicatorsof JudicialIndependence........................ 10 * Professor of Political Science, Chicago State University; Adjunct Professor of Law and S.J.D. Candidate, Indiana University Robert H. McKinney School of Law-Indianapolis; Member of the Illinois Bar; former Vice Chair, ABA Committee on International Human Rights. B.A. (magna cum laude), Edinboro University of Pennsylvania; M.A., University of North Texas; J.D., Temple University School of Law; LL.M. (summa cum laude), Indiana University School of Law at Indianapolis; Ph.D., Howard University. This article originated as a paper presented at the Twenty-Third Annual Africa/Diaspora Conference of the Center for African Peace and Conflict Resolution (CAPCR), held April 24-26, 2014, at California State University, Sacramento, California.
    [Show full text]
  • Coversheet for Thesis in Sussex Research Online
    A University of Sussex PhD thesis Available online via Sussex Research Online: http://sro.sussex.ac.uk/ This thesis is protected by copyright which belongs to the author. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Please visit Sussex Research Online for more information and further details Globalisation of Plea Bargaining and its Emergence in Nigeria: A Critical Analysis of Practice, Problems, and Priorities in Criminal Justice Reform. Submitted in fulfillment of the degree of Doctor of Philosophy Candidate: Abubakar Bukar Kagu School of Law, University of Sussex. 2016 1 Acknowledgement First, I give gratitude to Allah for seeing me through this onerous but worthy process of learning and development. My appreciation also goes to my Supervisors Prof. Richard K. Vogler and Dr. Mark Walters whose support, guidance and humility cannot be quantified. I also give thanks to my family and friends. I wish I could mention their names individually but for the little space to do so. Yet, I must mention my Dad. Alhaji Abubakar Kagu Dapchi, My mum Hajja Innah Mai Bukar Machinama, My siblings Kolo, Fati, Hauwa, Yakura, Umar, Ummiyo and Bintu as great part of this success. To HRH Bashir Bukar Albishir and all the members of my family, I want to say you are more than just amazing.
    [Show full text]
  • Download (2189Kb)
    A Thesis Submitted for the Degree of PhD at the University of Warwick Permanent WRAP URL: http://wrap.warwick.ac.uk/87345 Copyright and reuse: This thesis is made available online and is protected by original copyright. Please scroll down to view the document itself. Please refer to the repository record for this item for information to help you to cite it. Our policy information is available from the repository home page. For more information, please contact the WRAP Team at: [email protected] warwick.ac.uk/lib-publications Towards a Suitable Domestic Arbitration Practice in Nigeria By Ademola Jonathan Bamgbose A thesis submitted in partial fulfilment of the requirements for the Degree of Doctor of Philosophy in Law University of Warwick School of Law June 2016 TABLE OF CONTENTS Dedication ..................................................................................................................................... vii Acknowledgements ....................................................................................................................... viii Declaration .................................................................................................................................... iix Abstract ........................................................................................................................................... x List of Abbreviations ...................................................................................................................... xi Table of Legislation .....................................................................................................................
    [Show full text]
  • Nigerian Banking Law Reports [1933 – 1989]
    NIGERIAN BANKING LAW REPORTS [1933 – 1989] COMPREHENSIVE INDEX Published by Nigeria Deposit Insurance Corporation 2006 Nigeria Deposit Insurance Corporation Plot 447/448 Airport Road Central Business District P.M.B. 284, Garki Abuja, Federal Capital Territory [FCT] Nigeria Tel: +23495237715-6, +523696740-44 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, including electronic, mechanical, photocopying and recording without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in any retrieval system of any nature. © 2006 ISSN 1595-1030 Printed by: LexisNexis Butterworths South Africa Durban: 215 North Ridge Road, Morningside, 4001 Johannesburg: Grayston 66, 2 Norwich Close, Sandton, 2196 Cape Town: Ground Floor, Watford House, 2 Ring Road, Century City, 7441 Printed and bound by Interpak Books Pietermaritzburg EDITORIAL BOARD 1. Professor J.O. Anifalaje Chairman Dean, Faculty of Law, University of Ibadan 2. Alheri Bulus Nyako Editor-in-Chief Board Secretary/Head of Legal Department N.D.I.C. 3. Michael Olufemi Olaitan Member Legal Practitioner 4. Ahmed Almustapha “ Registrar-General Corporate Affairs Commission 5. Gabriel Olukayode Kembi “ Legal Practitioner 6. Adekunle Oladapo Omowole “ Legal Practitioner Corporate Affairs Commission 7. Nasiru Tijani “ Legal Practitioner Senior Lecturer, Nigerian Law School 8. Belema A. Taribo “ Legal Practitioner N.D.I.C. 9. Moses Ter-llumun Adaguusu “ Legal Practitioner N.D.I.C. 10. Dan Ike Agwu Secretary Legal Practitioner N.D.I.C. iii LIST OF JUSTICES OF THE SUPREME COURT OF NIGERIA AS AT MAY 17TH, 2005 1.
    [Show full text]