African Commission on Human and Peoples Rights and Judicial Independence in Africa:Towards an Independent Nigeria Judiciary
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Date
2017
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Wildy Simmonds and Hill
Abstract
The importance of judicial independence was asserted by the African Commission on Human and Peoples’ Rights in Resolution 21 “Respect and the Strengthening the Independence of the Judiciary”. The commission reiterated the importance of the judiciary engaging in maintenance of social equilibrium and ensuring public confidence in the judiciary. Part of the resolution advances the need for State parties to ensure that legislations do not inhibit the ambit of the task of the judiciary; ensure prime welfare of judges and protection. Summarily, the basic principles of judicial independence are that exercise of judiciary powers must not be interfered with by the acts of the legislature and executive. As the case is, the Nigeria judiciary’s ability to engage in socio-economic and cultural rights seems to be curtailed by legislative enactments and acts especially with respect to the provision of Section 6 6(c) of the 1999 Constitution. The African Commission have entertained cases emanating from Nigeria giving exemption to the doctrine of exhaustion of local remedies because of perceived unavailability and inability of the judiciary to address violation of rights of individuals and peoples’. Premised on this, the chapter examines the mandate of the African Commission in driving the independence of judiciaries with particular focus on Nigeria. To achieve this, the chapter examines the jurisprudence of the African Commission on issues hinged on judicial independence and analyses its case laws. Structured in five parts, part one is the introduction; part two briefly looks at the mandate of the commission and national judicial institutions; part three examines the jurisprudence of the Commission that relates to judicial independence advancing inherent limitations on the Commission’s independence; part four argues that for the Nigeria judiciary to become independent, it must embrace the principles of judicial activism in building jurisprudence and gaining the confidence of individuals. The final part makes conclusions and recommendation.
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Keywords
African Human Rights Commission, udicial Independence