ADMINISTRATION OF JUSTCIE IN NIGERIAN COURTS, PROBLEMS AND PROSPECTS

ABSTRACT

The topic “ Administration of justice in Nigerian courts, problems and prospects” seems to attract to itself the attention and inquisitiveness on the part of the common man or every believer in   the Rule of law of what the writer is talking about or what he is going to upon since the mere mention of justice in our society today raises a conjecture and thereafter suffers from universally acceptable definition.

An attempt is made in this essay to scrutinize what hampers the judicial powers vested in the courts under section 6(6)(b) of 1999 constitution which it is said shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.

Also considered in the essay are the ‘defects’ in and/ or ‘injustices’ written into the substantive law. For instance the ouster of court’s jurisdiction, the down payment or deposit of a substantial amount of money paid into a court before a challenge to chieftaincy dispute is entertained, discrimination on the grounds of protection to the public officers of the state and the adoption of foreign culture and archaic statutes that were largely meant to nurture a colonial society among others are written into or found in the basic law of the state , then it is not possible to talk of justice under such a system. Sometimes a system fails because of procedural defects and inadequacies. When there exists structural injustice in the location of courts (for instance a poor litigant resides share, Kwara state and the Supreme courts is located in Abuja) and there is imbalance in the distribution of wealth in the society, there, the law is easily seen as instrument of oppression and a protection of the status quo.

The above issues and some other interesting topics like the role or the part played by some agencies like the police, the Bar and the prison in the prosecution of cases will be considered in this essay and provide an avenue for the assessment of their performance in the administration of justice.

The independence of the judiciary is not left untouched as it is a necessary adjunct to the proper administration of justice.

The essay finally attempts to offer some useful suggestions and recommendations to arrest the ills plaguing our society today, as some stemmed from both internal and global structural ‘injustices’. However the essay is not claiming to be exhaustive.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

INTERVIEWS AND PERSONAL COMMUNICATIONLIST OF ABBREVIATIONS

CHAPTER 1: GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0 : BACKGROUND TO THE STUDY

1.2.0 : OBJECTIVES OF THE STUDY

1.3.0: FOCUS OF THE STUDY

1.4.0 : SCOPE OF THE STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: DEFINITION OF THE TERMS

1.8.0: : CONCLUSION

CHAPTER 2: PROCEDURAL PROBLEMS IN THE ADMINISTRATION OF JUSTICE

2.0.0 : INTRODUTION

2.1.0 : POWERS OF COURTS

2.2.0: OUSTER OF THE COURT JURIDICTION

2.3.0: PROBLEM OF ACCESS TO JUSTICE

2.4.0    LOCUS STANDI AND ACCESS TO JUSTICE

2.5.0 : STATUTE BAR

2.6.0: OBEDIENCE/DISOBEDIENCE OF LAWFUL COURT ORDER

2.7.0: CONCLUSION

CHAPTER 3: INSTITUTIONAL PROBLEMS IN THE ADMINISTRATION OF JUSTICE

3.0.0: INTRODUCTION

3.1.0: PROSECUTION OF CASES BY THE POLICE

3.2.0: DELAYS IN RECEIVING REPORTS FROM

GOVRNMENT EXPERTS

3.3.0: THE ROLE OF THE BAR (OFFICIAL AND PRIVATE)

3.4.0: AN APPRAISAL OF THE PRISON AND REMAND HOMES

FOR JUVENILES

3.5.0: CONCLUSION

CHAPTER 4: INDEPENDENCE OF THE JUDICIARY

4.0.0: INTRODUCTION

4.1.0: SOURCE OF JUDICIAL POWERS

4.2.0: APPOINTMENT OF JUDGES

4.3.0: TENURE OF OFFICE OF JUDICIAL OFFICERS

4.4.0: REMUNERATION OF JUDICIAL OFFICERS AND

FINANCIAL INDEPENDENCE

4.5.0: OTHER STAFF IN THE JUDICIARY

4.6.0:   CONTINUING EDUCATION PROGRAMME

4.7.0: CONCLUSION

CHAPTER 5: GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

BIBLIOGRAPHY

ARTICLES IN JOURNALS

ARTICLES ON THE INTERNET

BOOKS

CHAPTERS IN BOOKS

NEWSPAPER REPORTS

NEWSPAPER ON THE INTERNET

PAPERS PRESENTED AT CONFERENCES, WORKSHOP AND SEMINARS

REPORTS AND OFFICIAL DOCUMENTS

REPORTS AND OFFICIAL DOCUMENTS ON THE INTERNET