An appraisal of the courts and constitutionalism in nigeria:a decade of democratice governance

Project Abstract

This research project focuses on conducting a comprehensive appraisal of the courts and constitutionalism in Nigeria over the past decade of democratic governance. The Nigerian judiciary plays a crucial role in upholding the principles of constitutionalism and the rule of law in the country. This study aims to assess the performance of the courts in Nigeria in promoting constitutionalism, protecting human rights, and ensuring checks and balances within the democratic system. The research will examine various aspects of the judiciary's role in upholding the constitution, including its independence, integrity, and effectiveness in interpreting and applying the law. It will also analyze landmark court decisions that have shaped the constitutional landscape in Nigeria and influenced the development of democratic governance in the country. Furthermore, the study will explore challenges facing the Nigerian judiciary in upholding constitutionalism, such as corruption, political interference, limited resources, and delays in the administration of justice. By identifying these challenges, the research aims to provide insights into potential reforms and improvements needed to strengthen the role of the courts in promoting constitutionalism and upholding the rule of law in Nigeria. The research methodology will involve a combination of qualitative and quantitative approaches. Data will be collected from a variety of sources, including legal documents, court cases, academic literature, and interviews with legal experts and stakeholders in the Nigerian judicial system. The analysis will be conducted using a comparative framework to assess the Nigerian judiciary's performance in relation to international standards of constitutionalism and the rule of law. The findings of this research project will contribute to the existing literature on the role of the courts in promoting constitutionalism in democratic societies. It will provide valuable insights for policymakers, legal practitioners, civil society organizations, and other stakeholders seeking to enhance the effectiveness and independence of the judiciary in Nigeria. Ultimately, this study seeks to promote a deeper understanding of the challenges and opportunities for advancing constitutionalism and the rule of law in Nigeria's evolving democratic governance system.

Project Overview

<p> </p><p>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.</p><p>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.</p><p>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.</p> <br><p></p>