Factors that Ensure Judicial Independence and Problems Facing Judiciary
Factors that ensure Judicial Independence:
(i) The appointment of judges should be based on the recommendation of an independent/impartial body e.g. Judicial Service Commission.
(ii) Judges should enjoy the security of tenure. Their tenure must be fixed and termination of their appointment before term shall be on health grounds or professional misconduct.
(iii) Appointment, selection and promotion of judges shall only be on merit. Such merit principles must be clearly stated in the A constitution is a set of fundamental rules that determine how a country or state is run. More.
(iv) Appointment of judges shall also be based on personal integrity e.g. honesty and the officer’s thorough knowledge of the law.
(v) The salaries of the judges shall be paid from consolidated funds and their remuneration shall be handsome and be paid regularly and promptly.
(vi) The judges shall be politically neutral and A person or group that is non-partisan does not support or help a particular political party or group. More.
(vii) The judges are to enjoy immunity in respect of official acts.
(viii) Decisions of the judge are not subject to changes in the National Assembly or the The executive, also referred to as the executive branch or executive power, is the term commonly used to describe that part of government which enforces the law and has overall responsibility... More.
(ix) Adequate security shall be provided for the judges within and outside the court.
Problems Facing the Judiciary:
Among factors limiting the independence of the The judicial branch of government refers to a country’s court system. Judiciaries are responsible for interpreting and applying a country’s laws in particular cases, and can also be invested with the... More are:
(i) The executive and the The legislative branch of government is responsible for making laws within a country. Legislatures are made up of people called legislators who, in democracies, are elected by the country’s population More exert overbearing influence on the judiciary.
(ii) If the government of the day is autocratic, it will affect judicial independence.
(iii) Inadequate funding of the judiciary by the executive.
(iv) Crisis of integrity: The judges may be corrupt and engage in bribery, this will erode people’s confidence in the judiciary.
(v) Poor remuneration and condition of service for judges and judicial officers is another jeopardy to judicial independence.
(vi) Existence of special tribunals erode judicial independence.
(v) Personal interest of judges may affect the way and manner they discharge their duties.
(vi) Social ties such as family, ethnic and religious factors may affect the independence of the judiciary.
(vii) Sometimes, the decisions of the court may not be obeyed by the executive (contempt of judgments of the court).
(viii) Insufficient personnel and courts to deal with a large volume of cases. This leads to delays in the treatment of cases.