Tag Archives: Judiciary

Issues in Election Petition Adjudication in Nigeria’s Fourth Republic: A Sociological Critique of the Role of the Judiciary (Published)

The Nigerian judiciary has often come under severe criticisms for its handling – or mishandling – of election petition cases. In particular, judges have been accused of deliberate tardiness leading to unnecessary delays, conspiracy to frustrate litigants, corruption (including allegedly selling judgments to the highest bidder), undue politicization of the cases and downright travesty of justice, etc. This paper attempts to identify, dissect and interrogate the salient issues, challenges and controversies that are associated with and often punctuate election petition adjudication, even prior to but especially since 1999. The paper contends that individually and severally the issues constitute a huge impediment to the quest for justice by aggrieved persons and for democratic growth and consolidation. The paper cites numerous instances and episodes, including views, commentaries and perspectives of scholars and experts on the issues, as well as recommends steps to be taken by individuals, groups, institutions and government toward addressing the problems.

Keywords: Controversies, Election, Election Petition, Judiciary

The Metalanguage of Corruption in Cameroon- Part I1: The Registers of Health, Judiciary and Finance (Published)

Across the world, corruption has become almost endemic in many countries. Although very few people admit to be involved in it, no continent is exempted from the ill practice. This paper, which is the second of a series of two, examines the coded language used to ask for / give bribe in three sectors in Cameroon. Health, judiciary and finance, which are the domains concerned, count among the most corrupt sectors of the country according to the National Anti Corruption Commission 2010 Report. The data analysed was obtained through questionnaires administered to some state agents of the three domains (N=150). Like in the previous sectors already studied (Safotso 2015), the findings reveal that, in addition to the general coded expressions used to ask for / give bribe in all the administrations in Cameroon, there are many specialised words and expressions that Cameroonians use in Cameroon English, Cameroon Pidgin English and Cameroon French when they indulge in corrupt practices in the sectors of health, judiciary and finance

Keywords: Bribery, Coded Language, Corrupt, Finance, Health, Judiciary

Media Industry in the Light of the Judiciary Independence in Albania (Published)

The historical changes in our country as those of world historical periods of time have influenced considerably in the media evolution. The masmedia service as a service offered by third parties, with no participation from state, has been concessed to the private sector upon a rigid rule of the respect for the principles in a democratic society. The service of masmedia has some given features such as: (i) It is offered in respect of the public interest (ii) It is offered from the private profitable sector (with the exception of the state/public institutions) (iii)It should function as a watchdog of the other 3 state pillars executive, legislative and judicial. (iv) is should have an informative, educational, entertainment, investigative, cultural, scientific according to the characteristics of the community in a countr (v) It should be independent from any intervention. Media is established in the form of a commercial company, such form been given in accordance with the will of the founders, (members, shareholders, societies) as well as in accordance with the legal requirements.  Most of the countries legislation require for a company that offers media service to be registered in the form of a shareholder company (joint stock).

Keywords: Albania, Business, Freedom, Judiciary, Media, Speech

Judiciary and the Theory of Separation of Powers in Achieving Sustainable Democracy in Nigeria (The Fourth Republic) (Published)

Nigeria is a nation with a chequered history of democratic rule. The pressures mounted on the Nigerian political system since independence created instability in Nigerian polity. Hence the Judiciary could not carryout its roles effectively, the First, Second and Third Republics collapsed thus, paved way for the inevitability of military incursions in Nigerian politics, which truncated the Nigerian nascent democracy. Studies have shown that, in a democratic state, separation of powers is indispensable and the independence of the judiciary is paramount in achieving sustainable democracy. This study therefore investigated the impact of the separation of powers in achieving sustainable democracy in Nigeria State. The study used qualitative and content analysis method in analyzing the information generated for the study. Cases and instances from the content analysis showed that: the independence of the Judiciary helps in achieving sustainable democracy in Nigeria; Independent Judiciary enhances due process in a democratic state. Further analysis showed that incidences and court verdicts on issues relating to how the practice of separation of powers enhances the Judiciary to discharge its constitutionally stipulated roles in achieving sustainable democracy in Nigeria is convincing. This work therefore concluded that separation of powers enhances the efficiency of the Judiciary in Nigeria. The researchers recommend that the consolidation of democracy in Nigeria will depend on the commitment and ability of the Nigeria State to take extra measures to ensure that the theory and practice of Separation of Powers, and the Independence of the Judiciary is firmly established, respected and protected.

Keywords: Democracy, Judiciary, Nigeria, Separation of Powers, Sustainable Democracy

JUDICIARY AND DEMOCRACY, ISSUES IN CONTEMPORARY NIGERIAN SOCIETY (Published)

The judiciary has come under a severe criticism in recent times due to its untimely disposal of electoral case in free and fair manner. Marxist theoretical perspective is hereby adopted to ascertain the problem under consideration. The need for the theory arose because the judiciary with its powers is required by the capitalist to enforce unequal distribution of social and material rewards in order to preserve their position to oppress less privileged class in the society. It was discovered that the capitalist class in Nigeria normally muster financial resources not just to perpetuate electoral fraud but also bribe their way in the election petition tribunal which aim at correcting the abnormality in the electoral system thereby denying the masses access to justice in Nigeria. It was recommended that various punishments and sanctions should be awarded to erring judges who indulge in corrupt practices, such punishment like death sentence, dismissal from service, public humiliation by sending them to prisons to serve jail term. On the side of politicians who bribe judges to see their way through, they should equally trial and convict them for bribing public officers. Also they should be disqualified from whatever political position they are contesting for, this will help in reducing the corruption in the judiciary that does not allow Nigerian democracy to grow.

Keywords: Contemporary Nigerian Society, Democracy, Judiciary