An X-Ray of the History and Roles of the Judiciary in Nigeria’s Democratic and Electoral Process: 2015-2019

The purpose of this section of the study is to examine the evolution of Nigeria's judicial system and its functions within the country's democratic and elections that took place between 2015 and 2019.The article examines the constitutional functions of the judiciary and their significance for democratic consolidation.Additionally, it examines Nigeria's electoral process from 2015 to 2019.This article takes a look at the Nigerian general election of 2015 with the intention of analyzing the electoral process, the government of President Buhari, and the difficulties encountered by the judiciary. HISTORICAL DEVELOPMENTS OF THE JUDICIARY IN NIGERIAThe history of the judiciary in Nigeria precedes the arrival of the British in the regions that today form Nigeria. Historical records reveal that before to the 19th century, each territory that presently constitutes Nigeria have its own justice administration system.Pre-colonial institutions covered courts previous to colonial power, and the union of the northern and southern protectorates produced what is today regarded as Nigeria (Onyekanchi 2016).However, during colonisation, an effort was made to address the shortcomings of the ancient adjudication framework by developing the modern Nigerian judiciary, which essentially mimics the British system.Some courts were established by administrative means, while others were founded by statutory rules, after King Dosemu ceded Lagos to the British crown in 1861 (Obutte, 2016).Between 1843 and 1913, the British developed legislation in southern Nigeria through the Foreign Jurisdiction Act of 1843 and 1893, resulting in the foundation of various courts.In 1854, the early "Courts of Equity" were constructed by the British in the Brass, Benin, Okirika, and Opobo areas of southern Nigeria, functioning concurrently with the courts of equity and consular courts established by the Royal Niger Company.A Royal Charter given in 1886 authorised the business to regulate and administer justice within its operational zone until the Charter was revoked in 1899.As long as the indigenous courts' standards were compatible with natural justice, equity, and good conscience, the establishment of these British courts did not hinder their operation (Obutte, 2016).In 1816, the Lagos Supreme Court was founded, and in 1900, a similar court was formed in the protectorate of Southern Nigeria.That setup lasted until the Northern and Southern protectorates of Nigeria were combined in 1914.The position of Chief Judge, Judges, and Assistant Judges in the High Courts was created after the abolition of provincial courts.Underneath these High Courts were the magistrate courts.The indigenous courts continued to occupy the lowest level of the court system.In cases involving the High Courts, the appellate power rested with the Supreme Court.From 1934 until 1954, the West African Court of Appeal (WACA) was the destination for Supreme Court appeals.The Privy Council received appeals from the WACA (Onyekanchi, 2016).It was in 1954 that the Privy Council began receiving appeals from Nigeria's highest court.The formation of the Federal Supreme Court in 1954, presided over by the Chief Justice of the Federation, is responsible for this.A regional high court was presided over by a chief judge.While the Federal Supreme Court received appeals from all Regional High Courts, the Regional High Courts itself handled Grade A appeals from Customary or Native Courts.Each of Nigeria's twelve states has its own independent court system since the country's 1967 federation (Olakunle & Modupe, 2015).The economic and social development of the nation necessitated the formation of a sophisticated judiciary that could handle the challenges of a young quasi-federal state.The Western State's Regional Court of Appeal was founded in 1969 by Court of Appeal Edict No. 15.Furthermore, Federal Revenue Court Decree No. 13 of 1973 established the Federal Revenue Court to handle disputes pertaining to the Federal Government's revenue in a timely manner (This Day, 2015).Subject matter authority was exercised by the court on a national level.The Federal High Court, the Supreme Court, the Court of Appeal, the State High Courts, the Customary Court of Appeal, the Sharia Court of Appeal of the States

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Publication Details

Journal
International Journal of Research Publication and Reviews
Published
2024-10-01
DOI
https://doi.org/10.55248/gengpi.5.1024.3111
Primary Topic
Religion and Sociopolitical Dynamics in Nigeria
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article
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article

An X-Ray of the History and Roles of the Judiciary in Nigeria’s Democratic and Electoral Process: 2015-2019

Lolade Omoyeni Ipele
International Journal of Research Publication and Reviews
Religion and Sociopolitical Dynamics in Nigeria
article

An X-Ray of the History and Roles of the Judiciary in Nigeria’s Democratic and Electoral Process: 2015-2019

Lolade Omoyeni Ipele
article en

Abstract

The purpose of this section of the study is to examine the evolution of Nigeria's judicial system and its functions within the country's democratic and elections that took place between 2015 and 2019.The article examines the constitutional functions of the judiciary and their significance for democratic consolidation.Additionally, it examines Nigeria's electoral process from 2015 to 2019.This article takes a look at the Nigerian general election of 2015 with the intention of analyzing the electoral process, the government of President Buhari, and the difficulties encountered by the judiciary. HISTORICAL DEVELOPMENTS OF THE JUDICIARY IN NIGERIAThe history of the judiciary in Nigeria precedes the arrival of the British in the regions that today form Nigeria. Historical records reveal that before to the 19th century, each territory that presently constitutes Nigeria have its own justice administration system.Pre-colonial institutions covered courts previous to colonial power, and the union of the northern and southern protectorates produced what is today regarded as Nigeria (Onyekanchi 2016).However, during colonisation, an effort was made to address the shortcomings of the ancient adjudication framework by developing the modern Nigerian judiciary, which essentially mimics the British system.Some courts were established by administrative means, while others were founded by statutory rules, after King Dosemu ceded Lagos to the British crown in 1861 (Obutte, 2016).Between 1843 and 1913, the British developed legislation in southern Nigeria through the Foreign Jurisdiction Act of 1843 and 1893, resulting in the foundation of various courts.In 1854, the early "Courts of Equity" were constructed by the British in the Brass, Benin, Okirika, and Opobo areas of southern Nigeria, functioning concurrently with the courts of equity and consular courts established by the Royal Niger Company.A Royal Charter given in 1886 authorised the business to regulate and administer justice within its operational zone until the Charter was revoked in 1899.As long as the indigenous courts' standards were compatible with natural justice, equity, and good conscience, the establishment of these British courts did not hinder their operation (Obutte, 2016).In 1816, the Lagos Supreme Court was founded, and in 1900, a similar court was formed in the protectorate of Southern Nigeria.That setup lasted until the Northern and Southern protectorates of Nigeria were combined in 1914.The position of Chief Judge, Judges, and Assistant Judges in the High Courts was created after the abolition of provincial courts.Underneath these High Courts were the magistrate courts.The indigenous courts continued to occupy the lowest level of the court system.In cases involving the High Courts, the appellate power rested with the Supreme Court.From 1934 until 1954, the West African Court of Appeal (WACA) was the destination for Supreme Court appeals.The Privy Council received appeals from the WACA (Onyekanchi, 2016).It was in 1954 that the Privy Council began receiving appeals from Nigeria's highest court.The formation of the Federal Supreme Court in 1954, presided over by the Chief Justice of the Federation, is responsible for this.A regional high court was presided over by a chief judge.While the Federal Supreme Court received appeals from all Regional High Courts, the Regional High Courts itself handled Grade A appeals from Customary or Native Courts.Each of Nigeria's twelve states has its own independent court system since the country's 1967 federation (Olakunle & Modupe, 2015).The economic and social development of the nation necessitated the formation of a sophisticated judiciary that could handle the challenges of a young quasi-federal state.The Western State's Regional Court of Appeal was founded in 1969 by Court of Appeal Edict No. 15.Furthermore, Federal Revenue Court Decree No. 13 of 1973 established the Federal Revenue Court to handle disputes pertaining to the Federal Government's revenue in a timely manner (This Day, 2015).Subject matter authority was exercised by the court on a national level.The Federal High Court, the Supreme Court, the Court of Appeal, the State High Courts, the Customary Court of Appeal, the Sharia Court of Appeal of the States

International Journal of Research Publication and ReviewsVol. 5(10)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
Religion and Sociopolitical Dynamics in Nigeria
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