Thesis Abstract

Abstract
The Nigerian judiciary has played a crucial role in upholding constitutionalism and the rule of law during the past decade of democratic governance. This research project aims to critically appraise the performance of the courts in Nigeria in relation to constitutionalism. The study will examine key cases and decisions that have shaped the constitutional landscape in the country since the return to democratic rule in 1999. One of the central focuses of this research is to evaluate the independence of the judiciary and its ability to check the powers of the executive and legislative branches of government. By analyzing landmark cases where the judiciary has upheld the constitution against unconstitutional actions by other arms of government, this study seeks to assess the strength of the judicial system in promoting and protecting constitutional principles. Furthermore, this project will explore the role of the judiciary in interpreting and applying the Nigerian Constitution. By examining how the courts have dealt with issues such as human rights violations, electoral disputes, and federalism, this research aims to provide insights into the effectiveness of the judiciary in safeguarding the constitution and ensuring accountability in governance. In addition, this study will investigate the challenges facing the Nigerian judiciary in fulfilling its constitutional mandate. Issues such as corruption, delay in justice delivery, and lack of resources have been identified as major impediments to the effective functioning of the courts. By analyzing these challenges and proposing recommendations for improvement, this research project seeks to contribute to ongoing efforts to strengthen the judiciary and uphold constitutionalism in Nigeria. Overall, this research project seeks to provide a comprehensive appraisal of the courts and constitutionalism in Nigeria over the past decade of democratic governance. By critically examining the performance of the judiciary in upholding the constitution, interpreting key legal principles, and addressing challenges to its independence and effectiveness, this study aims to contribute valuable insights to the ongoing discourse on the role of the judiciary in promoting democratic governance and the rule of law in Nigeria.

Thesis Overview

Democracy is undoubtedly the commonest system of government mostly practiced in virtually all the countries of the world because it ensures the observance of people‟s rights and freedom. It is however basically characterized by three independent arms of government namely; the Legislative, Executive and the Judicial arm of government. While the Legislature is responsible for making laws and the Executive is charged with the implementation of such law, the Judiciary is responsible for the interpretation of the law in accordance with the provisions of the Constitution. In line with the doctrine of separation of powers, which is a cardinal feature of a democratic system, the Nigerian Constitution guarantees the independence of the Judiciary. The Judiciary as an arm of government owes an essential duty to interpret the provisions of the law when they are in question, thus the court (judiciary) is referred to as the last hope of the common man.

Be that as it may, the idea of constitutionalism is yet another concept that primarily operates in a democratic setting. Constitutionalism however connotes the belief in a democratic government where the affairs of the state are operated according to the provisions of the law. Basically, this work will adopt a purposeful effort to scrutinize the liberal constitutionalism and capture its salient features not merely as an imposition of limitation on exercise of powers, but also as a mechanism for accountable and developmental exercise of powers. Although some Critics had severally argued that the principle of constitutionalism is rarely observed in this part of the world.

From the foregoing, the object of this work is principally in two folds. Firstly, to appraise the judiciary as an arm of government, vis-à-vis the Nigerian legal system. It is a common knowledge that the function of the judiciary is to provide judicial justice to the people where the circumstances so demand. Secondly, this work will make a deliberate attempt to properly examine the concept of Constitutionalism in our contemporary society. To this end, it is apposite to bring to the fore some concepts which are intricately intertwined with the principle of Rule of Law and how the courts had reacted to them in the last ten years.