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Vol 23 No 9 Sept/Oct 2018

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Judicial Independence in Africa


ISBN13: 9780854902378
Published: December 2017
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £45.00



In stock.

At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions.

At the operational level, the Judiciary is regarded as the junior partner with the ‘restrictions’ on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary.

To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts.

All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples’ Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it?

This book sets out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.

Wahab Egbewole is a Professor of Jurisprudence and International Law at the University of Ilorin.

Subjects:
Other Jurisdictions , Wildy, Simmonds and Hill, Africa, Judiciary
Contents:
Preface;
Foreword
1. Judicial Independence, Its Origins and Its Operational Dynamics;
(Wahab O. Egbewole)
2. Conceptualizing an Independent Judiciary in Nigeria;
(Bashir Omipidan and Wahab O. Egbewole)
3. The Paradigm of Judicial Independence in Nigeria: A Comparative Exposition of Judicial Appointment in the Highest Court;
(Ibrahim Imam)
4. An Assessment of Judicial Independence, Responsibility and Integrity in Nigeria;
(Muhtar A. Etudaiye, Mohammed E. Etudaiye and Abdulazeez H. Okene)
5. Independence of Judiciary: Islamic Jurisprudence and International Law Perspectives;
Wahab O. Egbewole, Ibrahim Imam and Hanafi A. Hammed
6. Limits of the Legislature and Independent Judiciary
(Alhaji Adebayo Oba Adelodun SAN)
7. Judicial Independence and the Legislature: A Legislative Drafting Analysis;
(Tonye Clinton Jaja)
8. Judicial Independence and the Executive Branch in Nigeria
(Ajepe Taiwo Shehu)
9. African Commission on Human and Peoples’ Rights (ACHPR) and Judicial Independence in Africa: Towards an Independent Nigerian Judiciary;
(Onuora-Oguno Azubike, O.I. Niyi-Gafar and E.F. Owolabi)
10. Independent Judiciary and the Prosecution of Human Rights Cases in Nigeria
(Elijah Adewale Taiwo)
11. Independent Judiciary: Lessons from South Africa
(Serges Djoyou Kamga and Gerard Kamdem Kamga)
12. The Supreme Court of Ghana, Judicial Independence and Constitutional Litigation – Observations and Recommendations;
(Philip Ebow Bondzi-Simpson)
13. Conflicting Legislations on The Independence of Juvenile/Family Court in Nigeria: Juvenile Cybercrimes Examined
(Mariam A. Abdulraheem-Mustapha)
14. Selected Roles of Justice Aloma Mariam Mukhtar (Gcon) in Upholding Judicial Independence in Nigeria;
{Nimah Modupe Abdulraheem)
15. Investigative Journalism as a Social Practice, its Legal Constraints and Effects on Independent Judiciary in Nigeria;
(Adesina Lukuman Azeez and Lukman A. Ayinla)
16. Independence of the Judiciary in Climate Change and Environmental Protection Matters;
(Ehusani A. Jonathan)
17. The Nigerian Judiciary: Pertinent Need for Reforms and the Agitation for its Independence
(Joshua Olukayode Olatoke SAN and Olumuyiwa Oladele)