Functions Of Judiciary In Nigeria! It’s without a doubt that the judiciary is the third arm of government in Nigeria and as such, it has an oversight function over the other arms.
What then is Nigeria’s judiciary system? Nigeria’s judiciary system is a system of the court that provides the measures used in dispute resolution as well as the administration of Justice.
Thus, the judiciary also acts as the protector of the realm by checking for the possible excesses (or ultra vires) of both the legislative and executive organs.
Without much delay, there are many important functions of the Nigerian judiciary; among them is the protection of the noble constitution, fundamental rights, interpretation of the statute, etc.
Functions Of The Judiciary In Nigeria
After the concept of the judiciary has been simplified above, it is high time we succinctly enumerate the noble functions of the Nigerian judiciary.
1. The judiciary serves as the temple of justice
The judiciary they say serves as the last hope of common man and such is one of the major functions of the Nigeria judiciary. It gives people the kind of justice they yawned for, whenever the people seek for its intervention.
2. The Judiciary Interprets and Applies the Laws
Another core function of the judiciary is the interpretation of the law. While the legislative make laws, it is the duty of the judiciary to interpret and apply such law where applicable.
Hence, it is safer to say that the law is not what the legislative or the draft men says it means but rather what the judge (judiciary) interpreted it means is the law in reality.
3. Equity Legislation
Equity legislation is akin to the oversight function of the judiciary. Whenever the law is silent in a particular issue or where the wordings used by the draft men is ambiguous, then the can also judiciary make law.
That is to say, the judges can also depend on their sense of equity ( justice, fairness, unbiased mind, wisdom, and honesty) to decide cases. Hence, any decision born out of this is what is known as equity legislation.
4. Guardian of the Constitution
Similarly, the judiciary also functions as the guardian or custodian of the law of the land (constitution). Since the Constitution serves as the supreme law where all other laws derive their origin, then it is the function of the judiciary to protect the same.
5. Protection of Rights
It is also the function of the judiciary being the last home for the common man to protect and safeguard the right of the citizens. This is in accordance with Section 46 (1) of the Constitution of the Federal Republic of Nigeria, 2011 (as altered).
6. Advisory Functions
The judiciary being manned by learned silks, people do consult them for advice and opinions that have to do with legal related issues.
It is also the function of the Nigerian judiciary to make sure that any judgment of the court of law is being enforced. It also has the power to order the executive to obey its decisions and it can at the same time summon any person to enter an appearance in court.