An Overview: Judicial Independence, Expenditure and Financial Autonomy

Introduction

No Constitution can be satisfactory unless it contains safeguards that protect the judges against influence, pressure and inducement. The Nigerian constitution should be no exception. In fact for there to be the rule of law the independence of the judiciary must be guaranteed.

Therefore Section 36 (1) of the Constitution guarantees for Nigeria “…a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality’.

The extent and ambit of the independence whether in its operations as a service to the citizens or as to the control of all affairs incidental to its fundamental duty of determination of rights and obligations has become a matter of concern for policy makers and action groups across the common law heritage again Nigeria is no exception. Unfortunately, the term ‘administration of justice’ lends itself to several nuances that cannot be ignored. Whether it be to administer the word and spirit of justice or the court service or the entire value chain related to the delivery of justice in any form differs from usage and jurisdiction. However the notion of independence weaves through the entire concept of justice.

The very existence of judicial independence ‘cannot be separated from adequate and proper judicial administration’, because the latter requires that both policymaking and policy administration are controlled by the judiciary.

Former South Australian Chief Justice Leonard King, regarded it as an ‘essential principle… that the judiciary has the constitutional responsibility for the administration of justice’, and therefore should also be responsible for the administration of the courts.

For this purpose the Commonwealth Handbook 2017 known as “The Latimer House principles ” states:

‘An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. The function of the judiciary is to interpret and apply national constitutions and legislation, consistent with international human rights conventions and international law, to the extent permitted by the domestic law of each Commonwealth country’.

I would add this. The rule of law will not fully prevail unless the domestic law of a country allows the judiciary to thrive or guarantees it.