What is an Impartial Judiciary?
An Impartial/Independent Judiciary can be refers to as the absence of external control, impartiality and absence of bias in the administration of justice by the courts.
In addition, Impartial Judiciary can also be defined as the situation whereby the administration of justice by the court excludes bias.
Importance
Impartial judiciary is essential to individual freedom. Judges must as far as humanly possible, be made independent of the executive in the discharge of their duties in order to ensure that the will liberties and rights of individual are protected against the encroachment of tyrannical executive. It is also important for a society to have an impartial judiciary because the judiciary is the hope of the hopeless and voice of the voiceless in the society.
However, the importance of impartial judiciary is listed below;
- Individual Freedom: An impartial judiciary will give citizen of a particular nation/country freedom to discharge their duties.
- Independent: An impartial judiciary to this end means that judges must be made independent of the executive in the discharge of their duties.
- Individual Rights: This means that if impartial judiciary prevail, an individual rights will be protected against the encroachment of tyrannical executive.
- Hope of the hopeless: An impartial judiciary is also important to a society because the judiciary is the hope of the hopeless and voice of the voiceless in the society.
Illustration
To put more lights to the above subject matter, lets look into this illustration. In 2006, when Senator Rashidi Ladoja was impeached as the Governor of Oyo State and the bias judge as at that time swear in the Deputy Governor of Oyo State (Otunba Adebayo Alao Akala) as the new Governor, but if the motion was raised in the by two-third (2/3) of the House and approved by the speaker of the House, does that mean that the judiciary also have to support the motion.
But when the motion was approved by the House also the judiciary in Ibadan also swear in the Deputy Governor in unlawful procedure. But if the judiciary is impartial/independent I hope such thing will not happen. Because it was observe that the person who swear in the Deputy Governor was an Acting Chief Judge (Mr. Afolabi) who was now force to resign his post as a Judge by NUJ Ibadan Chapter.
The illustration above discusses how the judiciary cabinet was bias and partially support what is unlawful. But if the judiciary is independent/impartial such thing might not happen.
Thus, the following are the effective modes of securing judges of impartial/independence and high integrity.
- Selection of judges
- Security of salaries
- System of tenure
- Immunity of judges
- Appointments of judges should be based on merit
- Judiciary must be independent from the other arms of government
- Selection of judges: The appointment of judges should be based upon the recommendation of an impartial body e.g. a specially constituted commission independent of the government.
- System of tenure: Judges have a secured tenure of office. So as long as they are not guilty of any crime known to the law, they should continue in office. This system serves to maintain judiciary independence and high integrity. Judges should not be removed until the prescribed retirement age except on grounds of incapacity, infirmity of mind and proof of stated misdemeanor.
- Security of salaries: According to J. Kent, “to give the judges the courage and the fairness to discharge their duties fearlessly, they ought to be confident of the security of the salaries and station”. So, to this end, the salaries of judges should be fixed and charge on the Consolidated Fund. That is, whether the annual budget is passed or not, judges should not be denied their pay.
- Immunity of judges: The immunity of judges from legal liability for words spoken and acts done by them in the performance of their functions enhance their independence and impartial administration of justice.
- Appointments of judges should based on merit: The impartial of the judiciary must also be secured by appointing judges men of exemplary quality, impeccable character, high integrity and honesty, especially those who are not easily susceptible to financial, social and political influences and pressures.
- Judiciary must be independent from the other arms of government: The judiciary should be independent of the pressures of both the executive and the legislature. So as to discharge their duty with high integrity, member of the judiciary should not be control or belong to either the executive or the legislature.
In conclusion, from the above discussion, we can see that judiciary cabinet can discharge their duties impartially in the dispensation of justice and maintained high integrity through the above listed subject matter. However, the experience of some countries, especially in Africa, has demonstrated that many factors can limit judicial independence. These factors include political control and manipulation of the judiciary by the executive as well as the likelihood of bias arising out of the personal interests of members of the judiciary themselves.
Keynote: Impartial, Independence, Judiciary, Oyo State, NUJ Ibadan Chapter, Judges etc
