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THE WORK EXAMINED THE IMPACT AND EFFECTIVENESS OF JUDICIAL PROCEEDING AND DEMOCRATIC DEVIDENCE 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.
Title of page – – – – – – – – -i
Certification – – – – – – – – -ii
Dedication – – – – – – – – -iii
Acknowledgment – – – – – – – -iv
Abstracts – – – – – – – – -vi
Table of Contents – – – – – – – -viii
1.7 Research Hypothesis – – – – – -11
1.8 Theoretical frame work of analysis – – -11
1.7 Definition of term – – – – – – -14
2.1 Review of Related Literature – – – – -18
2.2 Judiciary – – – – – – – -18
2.3 Independence of judiciary – – – – -24
2.4 Democracy – – – – – – – -27
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
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
5.1 Summary – – – – – – – -57
5.2 Conclusion – – – – – – – -60
5.3 Recommendations – – – – – – -61
Bibliography – – – – – – – -65
Appendix – – – – – – – -69
Questionnaire – – – – – – -70
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.
HISTORICAL BACKGROUND OF NIGERIA JUDICIARY
THE EVOLUTION OF JUDICIAL IN NIGERIA
Before the coming of the coronial masters in Nigeria, there was no former or identified institution for judicial review of government acts as we know it today, however according to Osaai (2001) Some communities have a system of checks and balances and in some important respect, restraining influence on the tendencies of traditional rulers to excesses.
However, with the coming of the colonialism, judiciary founded on the British legal system was introduced as an instrument of coercion, consolidation and legitimating of colonial rules. The judiciary then was not separates from the executive, but was in fact a department of and controlled by the executive arm of government under the colonial system, the judiciary operated more in line with the dictates of the colonial masters than in accordance with the British idea of justice, also appeals from our court lay to the judicial committee of the privy council as final court appeal (Elias 1955:3356).
In 1963 appeals to the privy court were abolished following the constitution of Nigeria act of 1963 section 120. The supreme court of Nigeria then become the final court appeal in Nigeria, and the federation court of appeal was created in 1976 to function as intermediate court of appeal between the high court and the supreme court.
THE STRUCTURE OF NIGERIA JUDICIARY
The structure of Nigeria judiciary is hierarchical in nature with the Supreme Court at the apex and customary court at the base.
1.3 RESEARCH QUESTION
This research would address the following research question.
1.4 OBJECTIVE OF THE STUDY
The aim of objective of this work is as follows:
1.5 SIGNIFICANCE OF THE STUDY
The significance of this research work is as follows:-
The scope of the research is delimited to studying the impact and effectiveness of judicial proceeding in sustenance of democratic dividend in Nigeria with focus on Anambra State and some limitation are encountered in the course of carrying out this research, the first is scarcity of material due to dearth of library, material, secondary the problems of finance, and short duration of time posse as problem in the research, although those problem were made lighter because of visit to internet websites, law firm and literature.
1.7 RESEARCH HYPOTHESIS
The research hypothesis positioned in lined with the statement of the problem as follows:
1.8 THEORETICAL FRAME WORK OF ANALYSIS
Structural-functionalism is the theoretical frame work adopted in this work; the theory was established by Emile Durham, Herbert Spencer and other in the field of sociology. The theory views the society as a system which is a set of interconnected part which together forms a whole.
This theory was adopted in political science and specifically in the field of comparative politics as a result of inter-disciplinary drives of political system. The theory sees the political system as interrelated and reciprocally related regulated pattern that have need for the maintenance and survival of the system. In the field of politics structural functionalism are seen as explaining basic function of political structures in the political system and it can be seen as a tool of investigation and analysis (Emekwe 2002:92).
Structure-functionalism means that every political system there exist certain function that are perform by the different relevant structure of the polity and it is only examine by these function that one can understand the political process in the society. When political satisfy the demand made upon it by the citizens, it is said to be functional but if the system does not satisfy the demand made by its citizens, it is dysfunctional moreover, the structural-functionalism theory explains function, impact and effectiveness of judiciary in sustenance of democratic dividend in Anambra state because judiciary is the structures that perform the function of constitutional interpretation and adjudication or cases between other structures of the system an settlement of dispute between individuals and government etc. and enthroning democratic values and ethos in Nigeria.
1.9 DEFINITION OF TERMS
third arms of government with the primary duty of interpretation of law to apply the existing law to individual cases, an by so doing, settled dispute between one private citizen and the government, it is the court and all those who work in the vineyard of justice Obikeze and Obi (2004)
1) Judicial Passivism: Implies that judge should concern themselves with application of law as it is, hence, the role of judge is seen as merely declaration, as the saying goes judicium est quasi dictim-judgment is a declaration of law (Okere 1987)
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