JUDICIAL ADMINISTRATION IN NIGERIA’S FEDERAL SYSTEM: MATTERS ARISING
Emmanuel S. I. Ejere 1
Akerete Anthony Udotim 2
Department of Public Administration, University of Uyo, Akwa Ibom State 1
Department of Public Administration, Foundation Polytechnic, Ikot Ekpene, Akwa Ibom State 2
Corresponding Email: salientanthony@gmail.com 2
Abstract
Judicial administration in Nigeria’s federal system is controversial and meandering, and the issue of intergovernmental relations which is central to the practice of federal system of government has remained problematic in Nigeria due to federal government supremacy over the state governments. The way and manner federalism is practiced in Nigeria does not allow for a proper intergovernmental relations, this in turn affects judicial administration. The study examines the centrality of the judicial system in Nigeria which affects justice dispensation at the State level. The classical or the legal institutional theory used with models of intergovernmental relations in this study explains the relationships between levels of government in a federal system of government. Using Contextual analysis which entails analyzing scholarly text, journals, bulletins, and the constitution, Court cases and statutes within the context of the issue under examination, the paper however indicates that the establishment of the National Judicial Council (NJC) by the 1999 Constitution of the Federal Republic of Nigeria has made judicial administration in Nigeria centralized in nature. This has made the state governments’ judicial administration an appendage to the federal government. The superior courts at the State level are under the NJC which is one of the federal bodies whose members are appointed by the President of the Federal Republic of Nigeria. Based on the results of the study, it was recommended inter alia that: The NJC if accorded full independent can take charge of disbursement of its separate funds and disciplinary measures against defaulting members. The federal government should maintain the Supreme Court and members should be elected by member States in the federation based on stipulated statutory requirements from the NJC. The Supreme Court should only entertain appeals from the Appeal Courts of the State governments.
Keywords: Judicial Administration, Federalism, Federation, Federal System, Intergovernmental Relations, National Judicial Council, Constitution.
