TITLE:
The Judiciary and Post Election Peace Building Issues in Nigeria
AUTHORS:
Ibikunle David Ayodele
KEYWORDS:
The Judiciary, Peace and Justice, Check and Balance, Separation of Power, Courts, Constitution, Democracy, Independence of Judiciary
JOURNAL NAME:
Open Access Library Journal,
Vol.9 No.9,
September
29,
2022
ABSTRACT: One of the evidences to show that human beings are higher mammals is that they have the possibility or the ability to live in an organized society, a society that brings about equal rights, fairness, justice, impartiality and non-discrimination. In short, a society that can interact freely and peacefully, if not observed, will deal with this situation fearlessly without tribalism or any form of nepotism. Organization, peace and justice have existed for a long time. Therefore, although they are not a new thing, they need to be improved with the development of the times and the adjustment of the mandatory orders of the judiciary, so as to balance the power of the government as a legislator and a law enforcer. The aims of judiciary through the courts therefore are to promote efficiencies of justice. Change of power or regime however affects the type of government practiced and judiciary especially from time to time as the power in control may also dictate the kind of judiciary that would be effected. As stated in celebrated case of Gasba v Federal Civil Service Commission, when military is in power, the question is usually whether to establish the rule of law or the rule of force. The strength of power or area of jurisdiction is another thing that must be clearly spelt out so that necessary checks and balances are observed and that judiciary would not be saddled with responsibility that may not be its. An example of this is found in the judiciary faced with the issue of impeachment of Governor of Kaduna State, Alhaji Balarabe Musa, that because a controversial issue. As an old saying goes, anything worth doing is worth doing well. If many and other desired qualities are to be gotten from Nigerian judiciary system, another thing that needs to be seriously considered is the funding of the arm. The funding will have to do with effective court tools that could be sued and record court proceedings and even the remuneration of the judicial officers. The said salary of such people should meet their responsibility and not a case of one that would be looking for other sources like bribes and the likes as not to pollute or influence such officers in dispensing the right justice. As different governments then come into power, democracy not excluded, there is therefore necessary concern on how to obtain independent judiciary in the face of democracy and how to continuously sustain such judiciary independence in peace building in Nigeria.