Constitutional Safeguards for the Independence of the Judiciary in African Democracies

• 발행기관: 세계헌법학회 한국학회
• 저자명: Bamisaye Olutola
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第26卷 第3號, 297~323쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.12.30

영문 초록

This article considers the paramount importance of corruption-free judiciary in the development and entrenchment of democracy in any society. It does this by beaming its searchlight on the democratisation experimentation ongoing in Africa, military intervention in politics and the issue of corruption among members of African judiciaries. While this article takes a general look at these issues among some countries in Africa, it however, places heavy reliance on the current happenings in the Federal Republic of Nigeria. This is principally based on the recent suspension of the Chief Justice of Nigeria (CJN), Justice WSN Onnoghen by the President on the failure of the CJN to declare or disclose some of his assets as required by law. The suspension of the CJN resulted in both legal and constitutional experts raising the question of whether the President has such a power. Some believe that the act of the President is a flagrant abuse of the Constitution and a grave affront on the cardinal principle of separation of power. Most importantly, many people have queried the effect and impact of the suspension of the CJN on the independence of the judiciary in a democracy. This article does not claim to be a representation of the happenings in all African judiciaries but rather some pocket of events as reported across selected African countries. It equally does not claim that all members of African judiciaries are corrupt but that the issue of judicial corruption remains a teething problem among some judiciaries in Africa. Nevertheless, it is argued that the issue of judicial corruption still remains a problem in Africa generally and Nigeria in particular, and this must be dealt with decisively if the independence of the judiciary is to be protected and if African democracies are to flourish. It therefore, puts forward what should be the parameters for safeguarding the independence of judiciary and the disciplining erring judicial officers. These are necessary considerations if constitutional democracies are to be entrenched globally.

목차

1. Introduction

2. Constitutional Democracy in Africa: Rising or Declining?

3. Rethinking the place of the Judiciary in democracies

4. Taming the scourge of judicial corruption in African democracies

5. Judicial Corruption and the recent suspension of the Chief Justice of Nigeria

6. Recommendations and Conclusion

키워드

Judicial corruption Judicial independence Constitution Democracy Military Africa Nigeria