ANALYSIS OF THE PARADOX OF A UNITARY-LIKE JUDICIARY IN THE NIGERIAN FEDERATION

Abstract

Since independence in 1960, the founding fathers of Nigeria recognised the need to embrace federalism as a system of government. Prior to independence, a system of regionalised governments anchored on federalism was in place nation-wide. This was meant to foster national integration and unity among the various ethnic, religious, and multi-cultural diversities. The need to build a strong nation at the centre while retaining local peculiarities and autonomy of the different sub-national governments was paramount, thereby making a federal system of government desirable. By dint of the Constitution and political experience, it was expected that the federal idea would occupy a preeminent position in the nation’s structure of governance. This study assessed the paradox of a unitary-like judiciary in the Nigerian federation. While the extent of federal and state legislative and executive powers was clearly spelt out in the Constitution, with regard to the Nigerian Judiciary, it was never the case. To what extent can it then be said that the principles of federalism were imbibed and entrenched in the structure of the Nigerian Judiciary? What makes the Nigerian Judiciary in reality unitary in structure despite the fact that Nigeria is a federation? Does the Nigerian Judiciary, as presently constituted, meet the yearnings and aspirations of Nigerians for true federalism? If not, why? It is this paradox that the paper addressed. The paper adopts doctrinal method and relied on primary and secondary data which were subjected to content and jurisprudential analysis. The paper then identified a few grey areas and pitfalls. Federal control of state judiciaries is clearly a pitfall, coupled with diffused jurisdictions of federal and state courts. The paper recommended that the judiciary should be decentralised with more autonomy given to state judiciaries to manage its affairs; and reforms implemented to address the diffused jurisdictional conflicts. This will put the Nigerian Judiciary in good stead within the context of the Nigerian federation.