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The Nigerian Judicial System And Human Rights : Your Summary - Politics - Nairaland

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The Nigerian Judicial System And Human Rights : Your Summary by MrCrackles(m): 7:33pm On Nov 09, 2009
Judicial system, quickly. . . . .
A branch of government often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "supreme court" or "constitutional court"wink, together with lower courts (Ref:Wikipedia).
In Nigeria, what is your assessment of the judicial system and how well does human rights influence judicial proceedings?

My quick summary of the judicial system
Legal System: Jokes
Constitutions: Needs a complete review
Constitutional Courts: Stinks, needs a complete makeover
Human Rights: Nonexistent

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Re: The Nigerian Judicial System And Human Rights : Your Summary by RichyBlacK(m): 7:56pm On Nov 09, 2009
MrCrackles:

Judicial system, quickly. . . . .
A branch of government often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "supreme court" or "constitutional court"wink, together with lower courts (Ref:Wikipedia).
In Nigeria, what is your assessment of the judicial system and how well does human rights influence judicial proceedings?

My quick summary of the judicial system
Legal System: Jokes
Constitutions: Needs a complete review
Constitutional Courts: Stinks, needs a complete makeover
Human Rights: Nonexistent


@MrCrackles,

I agree with your points; Nigeria is effectively a lawless society!

I'm wondering: What are the prerequisites for better adherence to the rule of law and the respect of fundamental human rights in a lawless nation?

Seems, a necessary step is to have a constitution that respects the rights of men.

Instead of a complete overhaul of the nation's constitution, how about ratifying amendments to the constitution to address vexing issues?
Re: The Nigerian Judicial System And Human Rights : Your Summary by MrCrackles(m): 8:04pm On Nov 09, 2009
RichyBlacK:

@MrCrackles,
I agree with your points; Nigeria is effectively a lawless society!
I'm wondering: What are the prerequisites for better adherence to the rule of law and the respect of fundamental human rights in a lawless nation?
Seems, a necessary step is to have a constitution that respects the rights of men.
Instead of a complete overhaul of the nation's constitution, how about ratifying amendments to the constitution to address vexing issues?

Good analysis RichBlack. . . .I agree with you on the ratification of amendments to the constitution but who and when will it be implemented?
On the fundamental human rights adherence in a lawless nation like Nigeria, i am baffled as well to be honest, on how you can reconcile both. . .
Re: The Nigerian Judicial System And Human Rights : Your Summary by RichyBlacK(m): 8:41pm On Nov 09, 2009
MrCrackles:


Good analysis RichBlack. . . .I agree with you on the ratification of amendments to the constitution but who and when will it be implemented?
On the fundamental human rights adherence in a lawless nation like Nigeria, i am baffled as well to be honest, on how you can reconcile both. . .

History has shown that the most effective and sure way of dealing with this is for the people to force the change. Middle-age Europe, pre-civil rights American South and Apartheid South Africa were societies where human rights were trampled and abused. It was the masses in Europe - in the medieval fortresses of Paris; in the American South - on buses in Montgomery Alabama; and in Apartheid South Africa - on the streets of
Soweto, that triggered the fall of those unjust systems.

In Nigeria, people are not just interested in either understanding their rights or demanding those rights. Maybe things aren't bad enough, maybe things have to get worse, which they most likely will, before a collective will to demand for justice will emerge.

The problem is so bad in Nigeria that even the few who want to change things either politically or economically are scoffed at and ridiculed as idealists, JJCs and mugus. What the people complain about they also participate in.

It is a historical fact that people will react forcefully for change if pushed hard enough. It seems the theater of ignorance, stupidity, greed, callousness, obsequious servitude, kleptomania, timidness and foolish arrogance is still playing to huge audiences in Nigeria. We may just have to wait till the curtains close.
Re: The Nigerian Judicial System And Human Rights : Your Summary by MrCrackles(m): 9:00pm On Nov 09, 2009
RichyBlacK:

History has shown that the most effective and sure way of dealing with this is for the people to force the change. Middle-age Europe, pre-civil rights American South and Apartheid South Africa were societies where human rights were trampled and abused. It was the masses in Europe - in the medieval fortresses of Paris; in the American South - on buses in Montgomery Alabama; and in Apartheid South Africa - on the streets of
Soweto, that triggered the fall of those unjust systems.

In Nigeria, people are not just interested in either understanding their rights or demanding those rights. Maybe things aren't bad enough, maybe things have to get worse, which they most likely will, before a collective will to demand for justice will emerge.

The problem is so bad in Nigeria that even the few who want to change things either politically or economically are scoffed at and ridiculed as idealists, JJCs and mugus. What the people complain about they also participate in.

It is a historical fact that people will react forcefully for change if pushed hard enough. It seems the theater of ignorance, stupidity, greed, callousness, obsequious servitude, kleptomania, timidness and foolish arrogance is still playing to huge audiences in Nigeria. We may just have to wait till the curtains close.
I am afraid. . . sad
Re: The Nigerian Judicial System And Human Rights : Your Summary by NegroNtns(m): 9:09pm On Nov 09, 2009
In reference back to your post, my summary will be four questions to stir the mind.  Here they are:

1. Has there ever been anytime in history, whether pre- or post-colonial period, when we had a functional legal system that protected the right to fair hearing and justice for the indigenes served by the local authorities?

2. Has there ever been a time in our history when we had a constitution in which the indigeinity of the people are secured against any foreign or domestic imbalance of power?

3.  On courts,  what is the integrity of the codes they administrate?  The courts are heavily regimented from the center, making it extremely difficult at the native level to enforce local codes of customary traditions. This is why North broke out and insulated themselves against the center with their Sharia Courts and Jurispundence.  Are the constitutional courts relevant to the society and the people?

4.  There is a huge difference between what is "fact" and what is "truth".  In an age where human rights is advocated based on "facts". . .one must ask, how much of that fact is "truth"?  When you push one right for one person. . . you end up violating the right or multiple rights of some other person/s.   Without going into google and wiki, who can best give a simple and truthful definition for human right?
Re: The Nigerian Judicial System And Human Rights : Your Summary by MrCrackles(m): 10:33am On Nov 10, 2009
Negro_Ntns

I will make an half attempt at some of your questions. . . wink

1. Pre or Post colonia periods, i dont think there has been anytime. . . From what i gathered, we really didnt have a functional legal system from time

2. Not too sure on this. . .

3. The integrity of the codes Nigeria courts administrate is questionable. . .In terms of relevance to the society and the people, i dont think they are!

4. Human rights are rights intrinsic to human beings regardless of ethnicity, religion, nationality or any other status without descrimination

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