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Which of the following measures will ensure the... - WAEC Government 2010 Question

Which of the following measures will ensure the independence of the judiciary? Judges

A
salaries must be handled by foreign banks
B
must be controlled by the president
C
salaries must be fixed and not subject to arbitary review
D
must not be separated from the executive
correct option: c

The judiciary is the system of courts that interprets and applies the law in the name of the state. The following are various ways to ensure the independence of the judiciary

  •  Separation of Judiciary from the Executive and Legislature: Judiciary in nigeria is neither a branch of the executive nor a hand-maid of the legislature. It has an independent identity under the Constitution. It enjoys full autonomy in its working.
  • Appointment of Judges by the President: The method of appointment of judges has been very sound. The Judges of the Supreme Court and High Courts are appointed by the President. While appointing other judges the Supreme Court, the President consults the Chief Justice of nigeria.
  • High Qualifications: The Constitution prescribes specific and high qualifications for the Judges. A person eligible for judgeship has to be an nigerian citizen etc.
  • Long Tenure: Judges of Supreme Court remain in office till they attain the statutory retirement age. This age limit ensures a long tenure for the Judges.
  • Security of Service: The Judges in Nigeria enjoy good security of service. No judge can be removed from the office except by a very difficult process of impeachment.
  • High Salary: Every Judge of the Supreme Court gets a high salary. Besides this, each judge is entitled to free residential accommodation, medical allowance and several other perks. Salaries and allowances of judges cannot be reduced during their terms of office, except in the situation of a financial emergency in the country.
  • Power to Punish the Contempt of Court: Courts in Nigeria have been given the power to punish all cases involving a contempt of court. The Supreme Court can punish any institution or person who is found guilty of contempt of court.
  • Vast Jurisdiction and the Power of Judicial Review: Judiciary in Nigeria enjoys a vast jurisdiction. It acts as the guardian interpreter of the Constitution, the protector of Fundamental Rights of the people and the arbiter of disputes between the Union and the States. It has the power to determine the constitutional validity of every law.

 

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