THE ROLE OF NIGERIAN COURTS AND TRIBUNALS IN THE ADMINISTRATION OF JUSTICE


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TABLE OF CONTENTS

TITLE PAGE
ABSTRACT
LIST OF ABBREVIATION
LIST OF CASES
LIST OF STATUTES
TABLE OF CONTENTS

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Introduction
1.2       Statement & Objectives of the Research
1.3       Nature and Scope of the Research
1.4       Methodology & Literature Review
1.5       Organizational Structure of the Review

CHAPTER TWO: CONSTITUTIONAL CONCEPTS
2.1       Rule of Law
2.2       Separation of Powers
2.3       Judicial structure and Powers under the Constitution & the Laws

CHAPTER THREE: ADMINISTRATION OF JUSTICE BY THE COURTS AND TRIBUNALS
3.1       Establishment & Powers of Courts
3.2       Establishment & Powers of Tribunals
3.3       Power of Judicial Review in the Administration of Justice

CHAPTER FOUR: CHALLENGES OF THE COURTS IN THE ADMINISTRATION OF JUSTICE
4.1       Technical issues in the Administration of the Justice
4.2       Appointment & Disciplinary Powers of the Judges
4.3       Funding of the Courts & Tribunals

CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1       Findings
5.2       Summary
5.3       Recommendations
5.4       Conclusion
BIBLIOGRAPHY





ABSTRACT


The judicial powers of the Federation and of States are vested in Courts established by section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other courts established for the Federation by an Act of the National Assembly or in case of States, Law made by the relevant State House of Assembly. The Judicial powers gradually, due to increase in litigations and criminal trials beyond the capacity of the regular courts, were no longer exclusive to the Courts but rather had to be shared with tribunals established for particular purposes. This development consequently brought about two parallel systems of adjudicating institutions operating side by side.

While some tribunals, like the investment and Securities Tribunal, have justified their establishment by dispensing Justice timeously and by experts in the particular field of the tribunal’s jurisdiction, others seem to have defeated the very essence of their establishment like Code of Conduct Tribunals. Tribunals like the Code of Conduct Tribunal apart from being redundant is seen as an agent of the Federal Government since it is absolutely controlled by the Code of Conduct Bureau, which is directly under the Presidency. This explains the redundant nature of the tribunal as it serves more or less as a stooge of the Presidency from where most of the culprits should have been arraigned.
The Laws establishing various tribunals have their inbuilt shortcomings that hinder the trial procedure or occasion unnecessary delays contrary to the very essence of establishing the tribunals.

The courts in Nigeria could be said to have contributed in some measure to the development of Law, particularly in the field of animal Law and Constitutional Law. However administration of Justice seems to suffer several challenges. Some of these challenges were attributed to factors associated with adversarial system, coupled with rancorous nature of proceedings and so on. Details of this has been vividly elucidated. The development in respect of funding of Courts has been pointed out. 





CHAPTER ONE



1.0            GENERAL INTRODUCTION


1.1            INTRODUCTION



The court of law is an organ belonging to the judiciary department in the 3 arms of government in Nigeria. Public administration of justice is the primary function of the court. The courts are established with certain powers. The doctrine of separation of powers, places the three arms of government (Executive, Legislature and the Judiciary) on equal pedestals but with different areas of authority and responsibility. While the executive, implements laws enacted by the legislature in the course of governance, the courts interprets same for easy implementation. The courts, therefore, has long been an instrument of stabilization and a tool for administration of civil Justice.

Administration of justice is one of the vital functions of the courts. Generally, the word justice may mean reasonableness, fairness, equality of treatment e.t.c however, the courts have the most authoritative say in the determination and pronouncement of what justice is in every situation involving.......


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