The Former Chairman of Nigeria Bar Association (NBA) Owerri, Imo state ,Barr LUC Nwakaeti says that the Judiciary has its independence as it is longer the real hope of the common man as a result of political interference and inadequate funding.

The judiciary , he said Is the Cornerstone of democracy, the gatekeeper of democratic values, serving as a guardian of the constitution, and that its independence is vital in ensuring that justice is served without fear or favor.

However, Nwakaeti said that the concept of judicial independence and as the last hope of the common man is in a reverse gear in Nigeria.

The Ex NBA Chairman stated this as the guest Speaker at the opening of the NUJ Work station, on theme :”the roles of Judicial institution in a democracy in Owerri, the Imo state capital, said the concept of judicial independence in Nigeria only exist in theory and that judicial pronouncements especially in political cases are influenced by the whims and caprices of executive arm of government.

According to him , “Very recently in Nigeria, it is sad to posit that the concept of judicial independence and as the last hope of the common man is in the reverse gear and largely observed in the breach. Recent decisions of the courts on established issues of law which lawyers call judicial precedent has been largely abused even by all categories of courts. The role of the judiciary seems to be hanging in the air and can be likened to a nonexistent concept. The system is said to be independent in theory but in practice, easily manipulated by the other arms of government. The age-long principle of “separation of powers” which allocates the governmental functions of law-making, enforcement/execution and interpretation respectively to the legislature, the executive, and the judiciary as organs of the state cannot be said to be functional.”

Continuing, “Democracy in Nigeria is severely weakened and the rule of law and individual rights and liberties are largely in abeyance and or lies at the whims and caprices of the powerful minority.

Rather than operate independently from the other branches of government, the exercise of the powers and functions of the judiciary has now become subject to political interference or influence and as such has failed in meeting the desired expectation as the last hope of the common man.

“The above scenario is as a result of a plethora of factors threatening its effectiveness, and includes Judicial Corruption; Inadequate Funding and Resources; Political Interference; Case Backlogs/delays and lastly the Appointing Process. This last aspect in my view has turned appointment into judicial offices as hereditary right, spousal gift and influence peddling. It is no longer based on merit as it then was.”

Nwakaeti noted that a functional judiciary should be able to check the abuse of power by the government and its agencies but also be capable to manage conflicts which are bound to arise from unwholesome rivalry for political power.

“Thus, there is no doubt that a functional judiciary will not only check the abuses of power by the government and its agencies, but it will also be capable of managing conflicts which are bound to result from unwholesome rivalry for political powers. All efforts must be directed towards having a judiciary that would be able to play its historic roles of safeguarding civil liberties, the rule of law and democratic tenets”.

He added, ” To be more efficient the judiciary in Nigeria, needs not just be well and adequately funded; but appointment to the judicial system should not be subject to the whims and caprices of the executive but must be strictly done on merit. (take into cognizance the recent NJC’s verdict in Imo state); Judicial officers should be intellectually and morally sound and knowledgeable in the dispensation of justice, Only persons who are competent, upright, highly disciplined and courageous, ready and bold to dispense justice without fear or favor regardless of who is involved, should be appointed as judicial officers.” (Daily Sun)