The judiciary in Nigeria plays a critical role in ensuring the rule of law, upholding justice, and maintaining the balance of power among the branches of government. As the third arm of government, alongside the executive and the legislature, the judiciary’s functions are vital for the stability and integrity of the Nigerian state. This article explores ten essential functions of the judiciary, citing relevant legal provisions to illustrate these roles.
1. Interpretation of Laws
The judiciary is primarily responsible for the interpretation of laws. This function ensures that laws are applied consistently and in accordance with the intentions of the legislative and constitutional frameworks. The Constitution of the Federal Republic of Nigeria, 1999 (as amended), grants this power to the judiciary under Section 6, which vests judicial powers in the courts established for the Federation.
2. Adjudication of Disputes
Among the numerous functions of the judiciary is the adjudication of disputes among parties. The judiciary resolves disputes between individuals, organizations, and government entities. This role is crucial in maintaining social order and ensuring that conflicts are settled fairly. Section 6(1) of the Constitution provides that judicial powers extend to all inherent powers and sanctions of a court of law, including the power to hear and determine civil and criminal matters.
3. Protection of Rights and Liberties
One of the most critical functions of the judiciary is the protection of fundamental rights and liberties. Chapter IV of the Nigerian Constitution outlines the fundamental rights, and Section 46 provides individuals the right to seek redress in a court of law if these rights are infringed. The judiciary ensures that these rights are upheld and protected against violations by the state or other entities.
4. Judicial Review
Judicial review which is among the functions of the judiciary is the power of the judiciary to review the actions of the executive and legislative branches to ensure they comply with the Constitution. Section 4(8) and 5(6) of the Constitution affirm that the judiciary has the authority to declare any law or executive action unconstitutional if it contravenes the Constitution. This function acts as a check on the powers of the other branches of government.
5. Criminal Justice Administration
The judiciary oversees the prosecution and adjudication of criminal cases, ensuring that justice is served and the rights of both the accused and victims are protected. The Administration of Criminal Justice Act provides the legal framework for the administration of criminal justice in Nigeria.
6. Guardianship of the Rule of Law
The judiciary upholds the rule of law, which means that all individuals and institutions, including the government, are subject to and accountable under the law. Section 1(1) of the Constitution emphasizes the supremacy of the Constitution and the judiciary’s role in enforcing this principle.
7. Advisory Role
In certain circumstances, the judiciary may provide legal advice to the executive branch on constitutional and legal matters. Although the Nigerian judiciary does not have a formal advisory role like some other jurisdictions, courts’ decisions and interpretations often guide the executive in legal and constitutional issues.
8. Interpretation of International Laws
The judiciary interprets and applies international treaties and conventions that Nigeria is a party to, ensuring that the country complies with its international obligations. Section 12 of the Constitution provides that no treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.
9. Administrative Law Function
The judiciary reviews the actions and decisions of administrative agencies to ensure they comply with the law. This includes the power to annul administrative decisions that are found to be illegal or unconstitutional. The principles of administrative law are embedded in the Nigerian legal system, ensuring that executive actions are subject to judicial scrutiny.
10. Custodian of Legal Integrity
The judiciary maintains the integrity of the legal profession and judicial process through oversight, discipline, and regulation of legal practitioners and judges. The Legal Practitioners Act and the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria provide the framework for this oversight. The National Judicial Council (NJC) is tasked with the discipline and regulation of judicial officers.
Conclusion
The functions of the judiciary are integral to the maintenance of law and order, the protection of individual rights, and the balance of power within the Nigerian government. Through its various roles, the judiciary ensures that justice is served, laws are interpreted and applied correctly, and the principles of democracy are upheld. The constitutional and legal provisions that support these functions underscore the judiciary’s importance in Nigeria’s governance structure.