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SS1 Government
THE JUDICIARY

Meaning:

The judiciary as the third organ of government is responsible for the interpretation of the laws of the state and applies the existing law to individual cases. It refers to the system of courts and judges in a country. The Nigeria court system is headed by the Supreme Court which is the final court. The next is the court of appeal. Besides, we have the High court and Sharia as well as Magistrate Courts. The customary courts handle customary cases.



The judiciary logo


Functions Of the Judiciary

  1. Interpretation of law: The court interprets the laws of the state and applies the existing law to individual cases.

  2. Judicial Review: This is the responsibility of the judiciary to determine the constitutionality or otherwise of legislative enactments and executive decisions.

  3. Settlement of Disputes: the judiciary exercises power in settling disputes between different individuals or groups, individual and political institutions, and different political institutions.

  4. Punishment of Offenders: The courts have the power to punish those that have offended the laws of the land.

  5. Contribution to Law Making: In the process of interpreting the law and the exercise of the power of judicial review, the judiciary contributes to law making.

  6. Protection of Individual Rights: The judiciary is often described as the last hope of the common man. When the rights of citizens are infringed upon, they seek redress in the court of law.

  7. Prevention of Wrongful act: It serves as a watch dog on other organs of government. Legislative and executive excesses are redressed by the judiciary when brought before it.


INDEPENDENCE OF THE JUDICIARY

Independence of the judiciary refers to the ability of the courts to discharge their duties without undue external influence from other organs of government. The judiciary can only perform their role as an impartial arbiter and protector of individual rights, if it is independent of other organ of government.


Supreme court judges.


Ways of Guaranteeing the Independence of the Judiciary

  1. Appointment of Judges by Independent Body: If the judges are appointed by the chief executive, he may appoint those who will be loyal to him.

  2. Tenure of Office: Judges should be allowed to hold office for a specified period.

  3. Promotion of Judges: Promotion of judges should be made by independent body and placed beyond the realm of politics.

  4. Immunity of Judges: Judges should be free from criminal and civil prosecution in the performance of their duties.

  5. Political Neutrality: Judges should not be allowed to take part in partisan politics.

  6. Remuneration: To prevent the executive from using payment of salaries and allowances to exert influence on judges, their remuneration should be paid from a consolidated fund.

  7. Extra Security: Security should be provided for the judges in and outside the courts so that they will not be intimidated.



ASSESSMENT

Exercises

1. What are the basic functions of the legislature in any state?

2. Differentiate between the two types of legislatures with examples.

3. Define bills

4. Explain the process a bill passes through before becoming law.

5. Describe the Nigerian Judiciary and explain five (5) of its functions



6. What are the functions of the executives


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