AN INVESTIGATION INTO THE ADMINISTRATION OF JUSTICE IN NIGERIAN COURTS: CHALLENGES AND PROSPECTS
- Project Research
- 1-5 Chapters
- Qualitative
- Historical
- Abstract : Available
- Table of Content: Available
- Reference Style: APA
- Recommended for : Student Researchers
- NGN 3000
INTRODUCTION
In the interest of providing some context, it is important to point out that the primary focus of this research is on "Administration of Justice in Nigerian Courts, Problems and Prospects." The political history of Nigeria might be traced all the way back to the time before it was colonized. The numerous ethnic groups each had their own particular form or system of political and judicial organization, which made them unique and distinguishable from one another (Elias , 2022).
This article provides a history of the legal system in Nigeria before the country gained its independence. In the northern section of Nigeria, there existed a well-established monarchical form of government, and its legal system was founded on the shariah, which was heavily inspired by Islam. In addition, the monarchy was ruled by a monarch who was known as the Emir. The Yoruba people who lived in the south-west of Nigeria also used a monarchical style of governance because of the way their society was structured culturally. Their judicial system was centered on the royal court of the "Obas," which was the highest authority in the land. In the same way that the north and south west of the country did, the south east of the country had a loose form of government that was based on the community headship of splinter groups and did not have a central power. However, the judicial system was still the same "Communal market system of adjudication."
The "Alkali courts" were the most important form of the legal system in the North. These courts were presided over by Emirs or Alkalis, who were judges who were well knowledgeable in sharia law. The courts in the South West were known as "kotu oba" or "kotu Asipa" depending on who presided over them, much as the courts in the North. These courts were based on the local traditions, customs, and practices. In addition to this, the initiative brings to light the fact that the judicial system continued to improve from this time period right up to the year 1960, when the nation won its independence (Elias , 2022). One may easily imply that the foundation for the current success of the judicial system was built by the founding fathers of the country many years ago. This essay also shed more light on a problem that is common in Nigeria, which is the fact that no matter which way a court judgment goes, it is always construed by parties on both sides as either a victory for the rule of law [in a win case] or a perversion of justice [on the losing side], despite the fact that all of these problems are the result of human frailties. This in no way constitutes a criticism of the adjudication process or the judges who participated in it. This thus serves as a wake-up call on the problems associated with the administration of justice in Nigerian courts.
In addition, this study investigates definitions that are broader in scope yet fail to satisfy everyone's requirements to be considered universally accepted. However, just a handful of these will be discussed further below.
This is how the term "Administration" is defined in the first edition of Black's Law Dictionary: "Management is the fulfillment of executive functions inside an organization, whether it a government, an institution, or a corporation. In the context of public law, the administration and direction of the executive department and the agencies under its jurisdiction. A legal proceeding in which a judge assumes responsibility for the administration and distribution of property..."The term "Administration" is defined in the following ways according to the English language edition of the Living Webster Encyclopedic Dictionary:Administration is defined as "the act of administering; direction, administration; control of public affairs; the executive activities of the government; the individuals, collectively, who are entrusted with such tasks, and their duration of being in office...."Administration is like to a diamond in that it has many different aspects. Within the scope of this paper, the aspect that pertains to justice will be the primary focus of our attention and consideration. Then, what really is justice? Due to the absence of a single, agreed-upon definition of either the concept or the word "justice," this will be a challenging endeavor. It differs from one individual to another, as well as from one author to another, one nation to another, and so forth (Abuda , 2021).
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