A Critical Analysis of the Practice, Procedures and Mechanisms for the Appointment of Heads of State Judiciaries

Abstract

The appointment of heads of courts in Nigeria was carefully enshrined in the Nigerian Constitution, having regard to its sensitive nature, with a view to ensuring the protection of human rights and an independent and effective judiciary. However, experience has shown that this provision has been blatantly abused by the politicians because of their political objectives. This constitutes a fundamental impediment to the effective functioning of the Nigerian judiciary, with profound implications for the enforcement of litigants’ constitutionally guaranteed right of access to justice. With a view to solving this problem, this paper examines the relevant provisions of the 1999 Constitution (as amended) on the power of appointment of the head of judiciary of the state courts in Nigeria with a view to determining the constitutionality or otherwise of the actions taken so far by the National Judicial Council, State House of Assembly and the Governor of a State. Theories of human rights and judicial independence were adopted, while this study employs a doctrinal and analytical legal research methodology. This paper recommends an amendment to the constitution of Nigeria and a review of the procedure leading to the appointment of heads of state courts in Nigeria.