The Impact and Effectiveness of Judicial Proceeding and Democratic Government in Nigeria (a Case Study State of Anambra State)
CHAPTER ONE
Objective Of The Study
The aim of objective of this work is as follows:
- To find out the impact of judiciary in the consolidation of democracy in Anambra State.
- To identified the real problem confronting the judicial in the sustenance and consolidation of democratic dividend in Anambra state.
- To identified different levels and structures of court and their working towards the consolidation of democracy.
CHAPTER TWO
LITERATURE REVIEW
Concept of Democracy
Democracy is a value laden concept with many of the definitions given by scholars having ideological underpinnings. Though scholars do not agree on what democracy is, but there seems to be an agreement on what it is not. That democracy is not autocracy; authoritarianism or dictatorship is widely accepted (Aluko, 2002).
Appadora (1975) defined democracy as a system of government under which the people exercise the governing power either directly or through representatives periodically elected by them. According to Gidden (1997), democracy is a political system that allows the citizens to participate in political decision making or to elect representatives to government bodies. In the words of Nzogola Ntalaja (1997) as a universal form of rule with specific manifestation in time and space, democracy is a political concept founded on three underlying ideas, namely democracy as a value, a process and a practice. Eme Awa (1997) posited that life of men on earth will be greatly improved morally, physically and mentally if all men live under democratic government.
But in Nigeria, democratic election has been bastardised and replaced with undemocratic activity (selection), and this development threatens the consolidation of democracy. The scenario depicts the mafia arrangement, which is the use of political clout and financial muscle to ensure the selection of a person into a political office. The obnoxious method of transfer of power poses a challenge to the judiciary in dispensing justice at the electoral tribunals.
The Concept of Judiciary
Of the three arms of government executive, legislature and judiciary, truth- justice based on the constitution should be the watchword of the judiciary, which is the last hope in a democracy. If the executive or the legislature or both arms were rooted in truth and justice which judiciary lacked, democracy would be in danger, because judiciary adjudicates in every conflicting matter brought before it and their decision is final-rule of law. But where judiciary epitomises justice, the executive and legislative politics of corruption would be gradually eliminated as being evidenced in Nigeria today.
Between 1999-2007, Nigeria witnessed executive rascality as demonstrated in former President Obasanjo’s utterances and actions. For instance, his perception of his philosophy that, “politics is a do or die affair”. The aborted third tenure project etc. The Senate leadership under Ken Nnamani proved astute legislative prowess particularly during the tenure elongation politicking and the Senate President’s statement that the April elections in 2007 were charade.
CHAPTER THREE
RESEARCH METHODOLOGY
INTRODUCTION
In this chapter, we described the research procedure for this study. A research methodology is a research process adopted or employed to systematically and scientifically present the results of a study to the research audience viz. a vis, the study beneficiaries.
RESEARCH DESIGN
Research designs are perceived to be an overall strategy adopted by the researcher whereby different components of the study are integrated in a logical manner to effectively address a research problem. In this study, the researcher employed the survey research design. This is due to the nature of the study whereby the opinion and views of people are sampled. According to Singleton & Straits, (2009), Survey research can use quantitative research strategies (e.g., using questionnaires with numerically rated items), qualitative research strategies (e.g., using open-ended questions), or both strategies (i.e., mixed methods). As it is often used to describe and explore human behaviour, surveys are therefore frequently used in social and psychological research.
POPULATION OF THE STUDY
According to Udoyen (2019), a study population is a group of elements or individuals as the case may be, who share similar characteristics. These similar features can include location, gender, age, sex or specific interest. The emphasis on study population is that it constitute of individuals or elements that are homogeneous in description.
This study was carried out to examine the impact and effectiveness of judicial proceeding and democratic government in Nigeria. Anambra State government house form the population of the study.
CHAPTER FOUR
ANALYSIS AND PRESENTATION OF RESULTS
This chapter presents the analysis of data derived through the questionnaire and key informant interview administered on the respondents in the study area. The analysis and interpretation were derived from the findings of the study. The data analysis depicts the simple frequency and percentage of the respondents as well as interpretation of the information gathered. A total of hundred and twenty (120) questionnaires were administered to respondents of which 100 were returned. The analysis of this study is based on the number returned.
The table above shows the gender distribution of respondents. 48% of the respondents were male and the remaining 52% were female. Thus, female respondents were slightly higher than their male counterparts.
CHAPTER FIVE
SUMMARY, CONCLUSIONS AND RECOMMENDATIONS:
Introduction
This chapter summarizes the findings on the impact and effectiveness of judicial proceeding and democratic government in Nigeria, Anambra state as case study. The chapter consists of summary of the study, conclusions, and recommendations.
Summary of the Study
In this study, our focus was on the impact and effectiveness of judicial proceeding and democratic government in Nigeria, Anambra state as case study. The study is was specifically focused on examining the impact of judiciary in the consolidation of democracy in Anambra State, identifying the real problem confronting the judicial in the sustenance and consolidation of democratic dividend in Anambra state and investigating different levels and structures of court and their working towards the consolidation of democracy.
The study adopted the survey research design and randomly enrolled participants in the study. A total of 100 responses were validated from the enrolled participants where all respondent are staff of government house, Anambra State.
Conclusions
With respect to the analysis and the findings of this study, the following conclusions emerged;
- The judicial has impacted positively on the sustenance of democratic dividends in Anambra State.
- Political interference and lack of independent of the judicial are some challenges facing the judiciary.
- The finding revealed that judiciary has performed greatly in discharging of justice but still, there are a number of problems facing judiciary which ranges from political interference, slow pace of judiciary procedure, poor remuneration etc.
Recommendation
Base on the above the research recommends that
- the government should provide judiciary with modern communication and information facilities to enhance her work,
- political interference should be minimized
- more funds should be allocated to the commission
- more public enlightenment for the public to be further aware of the activities of judiciary.
- Though with the growing phenomenon of corruption in the judiciary, it has been argued sociologically that, corruption is inevitable and pervasive in all sectors of the society, so effort should gear toward reducing it at all sectors of the society but not only in the judiciary.
REFERENCES
- Abdulhameed A. U (2013): Judiciary and Democracy, Blueprint Newspaper, June 10, 2013 Anele, D (2013): Criticism and the growth of democracy in Nigeria (3) on June 16, 2013, The Vanguard June 16, 2013 Sunday Perspectives
- Asa, B (2000): The Age of Improvement. London Longman,
- Babatunde, L., (2010): “Abuse and Misuse of Judicial Powers are Inimical to the Development and “Growth of Electoral Laws” A paper presented at the National Symposium Organized by Mustapha Akanbi Foundation (MAF). Abuja, July, 2010
- Barkey, K and Parikh, S (1991) Comparative Perspectives on the State, Annual Review of Sociology, 11:523-549
- Hughes, M and Kroecher, C. J (2008): Sociology the Core, New York, Mc-Graw Hill Kolar, M (2005): Politicians should be your humble servants, not your all-powerful masters. Merton, R (1938): Social Structure. Filipino Sociological Review, 3 (5), pp.672-682
- Nwokeoma, J (2007): The Judiciary’s Redemptive Role in Nigeria’s Democracy, Peace and Collaborative Development Network, November 7, 2007 at 5:13am
- Ogunde O (2008): The Nigerian judiciary and electoral fraud, In Defence of Marxist, International Marxist Tendency, Lagos, visit http://www.marxist.com. Friday, 25 April 2008.Retrieved September 30, 2013.
