Constitutional Perspective of Trial of Judges within the Context of Judicial Independence in Nigeria.

Abstract

The judiciary as represented by courts in Nigeria occupies a pre-eminent position in the scheme of governance, especially in any constitutional democracy. Judiciary within the context of doctrine of separation of power is one of the arms of Government and enjoys independence against any interference in the conduct of its constitutional mandate by the other organs. Though without prejudice to the principle of separation of powers and the concomitant independence of the arms of Government, (the executive, the legislative and Judicial arms), there exist inherent powers of checks and balance among the institutions. In this perspective the judiciary with the constitutional powers of dispute resolution, interpretation of the laws also has the constitutional mandate to check the constitutionality of the conducts of other organs of Governments including legislation. Instructively, the judiciary and in particular the judicial officers like any human beings are not completely immune from committing crime which is common phenomenon in every human society. Consequently, notwithstanding the position the judiciary occupies in governance, they are not exonerated from criminal prosecution against any offence committed by judges against the state. It is against this background that this project examined the constitutional perspectives of the trial of judges in Nigeria for criminal offences, considering the propriety of judicial independence in line with principle of separation of powers. This article found that even though the judges are not immune from prosecution however where the offence relates of misconduct the executive lack the power to prosecute judges unless NJC has concluded its disciplinary steps. The article concluded that all discussed, relates to separation of power and need to preserve judicial independence free from unnecessary interference and further recommended the compliance with the procedure set down in the constitution and to make sure that the condition precedent manifest prior to the trial of judges or judicial officers.