Function Of Judiciary In Nigeria (Definition And Importance)
In this post, I will be discussing extensively the functions of the Judiciary in Nigeria. If you want to know the importance of the Judiciary arm of government in Nigeria then you’re on the right page. This post has all you need to know about the Judiciary system in Nigeria.
What Is Judiciary all about?
The Judiciary is the third arm of government in Nigeria, whose primary role is to interpret laws enacted by the Legislature and applies such existing law to individual cases, in other to settle disputes between two private citizens or between private citizen(s) and the government.
The National Judicial Council is one of the Federal Executive Bodies created by the 1999 Constitution of the Federal Republic of Nigeria.
Amongst other functions, it is responsible for the Appointment, Promotion, and Discipline of Judicial Officers.
Function Of Judiciary In Nigeria
Below are the 10 major significance of the Judiciary arm of the Government
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To Give Justice to the People
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Interpretation and Application of Laws
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Role in Law-Making
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Equity Legislation
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Protection of Rights
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Guardian of the Constitution
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Power to Get Its Decisions and Judgments Enforced
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Special Role in a Federation
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Running of the Judicial Administration
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Advisory Functions
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To Conduct Judicial Inquiries
To Give Justice to the People
One of the major functions of the Judiciary is to give justice to the people.
The judiciary awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.
As a citizen of Nigeria, you can seek redress in court, it’s your right.
The third arm of government also known as the Judiciary fixes the quantity and quality of punishment to be given to the criminals.
It decides all cases involving grants of compensation to the citizens.
Interpretation and Application of Laws
The second function of the judiciary is the interpretation and application of the Laws of the state.
Of course, One of the major functions of the judiciary is to interpret and apply laws to specific cases.
In the course of deciding the disputes that come before it, the judges interpret and apply laws.
Every law needs a proper interpretation for getting applied to every specific case.
This function is performed by the judges. The law means what the judges interpret it to mean.
Role In Law-Making
Judicial provides a complement to legislative efforts in a democracy, protects individuals and groups denied real access to the political process, and usually is made cautiously and on the basis of relevant information.
The interpretation of laws by the judiciary amounts to law-making as it is these interpretations that really define the laws.
Protection of Rights
One of the functions of the judiciary arm of government is the protection of rights.
The judiciary has the supreme responsibility to safeguard the rights of the people.
A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens.
Equity Legislation
Equity legislation is also a function of the Judiciary in Nigeria.
Where a law is silent or ambiguous or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty, and wisdom for deciding the cases.
Such decisions always involve law-making.
It is usually termed as equity legislation.
Guardian of the Constitution
The judiciary is the watchdog of the constitution. This implies that The judiciary acts as the guardian of the Constitution.
The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it.
For example, In 2022, the “electoral act 2022” was signed into law by President Muhammadu Buhari, the then president of the Federal Republic Of Nigeria.
One of the newly introduced clauses in the new electoral act was section 84(12) which provides that anyone holding a political office – ministers, commissioners, special advisers, and others – must relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.
When the judiciary saw the clauses, the arm called for the immediate void of such laws.
According to the judiciary, such laws hold no water.
This is also one of the importance of the judiciary in Nigeria.
Before we proceed, see the Function of the Constitution. and Types of Constitutions in Nigeria
Advisory Functions
The judiciary in Nigeria also performs advisory functions.
Very often the courts are given the responsibility to give advisory opinions to the rulers on any legal matter.
For example, the President of Nigeria has the power to refer to the Supreme Court any question of law or fact which is of public importance.
All the best as you learn more about the Function Of Judiciary In Nigeria and the Judiciary arm of government and the importance of the judiciary.