THE FRAGILE PILLARS: AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR JUDICIAL INDEPENDENCE IN NIGERIA

Abstract

Judicial independence serves as the cornerstone of the rule of law, ensuring an impartial judiciary free from executive or legislative interference to uphold democratic governance. In Nigeria, despite a comprehensive constitutional framework and supportive institutions like the National Judicial Council (NJC), this principle faces severe erosion from political meddling, inadequate funding, flawed appointment processes, and rampant corruption. This paper critically examines the legal and institutional mechanisms for judicial independence in Nigeria, through the lenses of the 1999 Constitution’s provisions and international instruments such as the UN Basic Principles on Judicial Independence and the Bangalore Principles of Judicial Conduct, all intended to safeguard judicial autonomy. The analysis reveals critical implementation deficits, including executive dominance in judicial appointments and persistent financial dependencies that undermine institutional integrity. Key challenges encompass threats, poor welfare, security of tenure vulnerabilities, and weak enforcement of codes like the Revised Code of Conduct for Judicial Officers (2016). Drawing from the analysis of domestic laws, the paper highlights how these challenges contribute to a fragile judiciary that is ill-equipped for fair adjudication. The paper concludes by suggesting transformative reforms, including merit-based depoliticized selections, automated financial autonomy, and full domestication of international best practices to fortify Nigeria’s judicial pillars.