Judiciary Under Military, Civilian Rule: From ouster clauses to constitutional checks

Vanguard News | 01-10-2026 05:09am |

The article discusses the changes in Nigeria's judiciary from military rule to civilian governance. Historically, the judiciary faced significant restrictions under military governments, where military decrees limited its power to challenge government actions. For example, in the 1970 case of Lakanmi v Attorney-General, the Supreme Court tried to assert its authority against a military decree, but the military quickly nullified the court's ruling. During the military regimes of the 1980s and 1990s, courts were further weakened, and special tribunals were created that operated outside regular judicial oversight. This led to a lack of judicial independence and numerous human rights violations. With the return to democracy in 1999, the judiciary gained more power and independence through the 1999 Constitution, which established the National Judicial Council (NJC) to oversee judicial appointments and discipline. The courts began to play a crucial role in resolving political disputes and overseeing elections. However, challenges remain, including delays in court proceedings, conflicting rulings from different courts, and issues of judicial misconduct. For instance, the Kano Emirate crisis in 2024 highlighted problems with inconsistent court orders. Despite these issues, the judiciary is now more constitutionally protected than during military rule, but it continues to struggle with maintaining public confidence and ensuring fair justice for all Nigerians. The article emphasizes that the judiciary's journey reflects ongoing efforts to balance its authority and independence in a democratic setting.

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