THE ROLE OF NIGERIAN COURTS AND TRIBUNALS IN THE ADMINISTRATION OF JUSTICE

THE ROLE OF NIGERIAN COURTS AND TRIBUNALS IN THE ADMINISTRATION OF JUSTICE

INTRODUCTION

The court of law is an organ belonging to the judiciary department in the 3 arms of government in Nigeria. Public administration4 of justice is the primary function of the court. The courts are established with certain powers. The doctrine of separation of powers, places the three arms of government (Executive, Legislature and the Judiciary) on equal pedestals but with different areas of authority and responsibility. While the executive, implements laws enacted by the legislature in the course of governance, the courts interprets same for easy implementation. The courts, therefore, has long been an instrument of stabilization and a tool for administration of civil Justice.

Administration of justice is one of the vital functions of the courts. Generally, the word justice may mean reasonableness, fairness, equality of treatment e.t.c however, the courts have the most authoritative say in the determination and pronouncement of what justice is in every situation involving claims and counter claims to legal rights and duties. Justice viewed in this context is an attempt to define the workings of the Nigerian courts in relation to how it determine and adjudicate matters brought before it. Relevant to this, is the concept of fair hearing, composition of the courts and the correctness of procedural rules. All these must be taken into account before the courts can perform its role and function Justiciably; hence section 36 of the 1999 constitution emphasizes on the right to fair hearing both in civil and criminal matters. This implies both substantive and procedural fairness taking into accounts jurisdiction and composition of courts.

The relevance of the courts has been emphasized by the jurists and writers to include as part of the functioning tools in governance1. A court occupies a very unique position and performs near omnipotent functions, deriving from the role assigned to it in the constitution1. In Nigeria, the 1999 Constitution of the Federal Republic of Nigeria (CFRN) provides that, “The judicial power of the federation shall be vested in the courts.”2 This power includes the power to adjudicate disputes between all persons, government and any person, interpretation of the law, determination of appropriateness of all actions, proceedings, citizens’ rights and obligations of government, agencies, corporate bodies or persons.3 The functions of the courts therefore, include the promotion of justice, rule of law, stability, democracy, human rights and good governance and opportunity for sustainable progress, all of which form the bedrock of civil justice.

TOPIC: THE ROLE OF NIGERIAN COURTS AND TRIBUNALS IN THE ADMINISTRATION OF JUSTICE

Chapters: 1 - 5
Delivery: Email

Number of Pages: 85

Price: 3000 NGN

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