Judiciary is the final arbiter when it comes to conflict resolution. It is the last hope for the man whose rights have been trampled upon by another that claims to be stronger or more powerful in terms of money, political power or influence conflict arises as a result of man’s varied interest that prevails in a community. As our faces are different so are our interest, this is why the doctrine of compromise is usually preached.
The judiciary is the third organ of government that is concerned with the interpretation of laws. There is no better test of the excellence of a government than the efficiency of its judicial system, for nothing more nearly touches the welfare and security of the citizen than his knowledge that he can rely on the certain, prompt, and impartial administration of justice. The judge according to A Appadoral in his THE SUBSTANCE OF POLITICS, therefore fulfils an onerous function in the community. It’s primary duty is to interpret laws to apply the existing laws to individual cases and by so doing to hold the scales even both between one private citizens and members of the Government. Incidentally, however in the process of interpretation as we have seen he cannot help making new law.
The judiciary plays a very important role in ensuring peace in the state. As a result, it become quite essential to appoint men of honesty, impartiality, independent and legal knowledge to fill the positions of judges. In order to carry out its functions effectively, the judiciary needed to be far from partisan politics.
Democracy on the other hand, is best defined using Abraham Lincon, in his formulation – “ government of the people, by the people and for the people”, The notion of the people here plays a double role as those ruled and as those who rule. The judiciary is an instrument of democracy for the interpretation of laws which is highly needed to make democracy going smoothly. In other words, the judiciary help in promoting democratic norms such as the fundamental Human Rights, the constitutionality of a legislation etc. In the case of the violation of the fundamental human rights, the victims ought to seek redress in the court of law. This is some cases bring respite to such victims. It is therefore the function of the judiciary to ensure that the fundamental human rights of the people are not violated and incase of violation, appropriate sanctions are to be given to the violators.
Democracy may also b defined as a system of government under which the exercise the governing power either directly or through representatives periodically elected by themselves. In political studies, “this “ means that a state may be termed a democracy if it provides institutions for the expression and in the last analysis, the supremacy of the popular will on basic questions of social direction and policy.
We ‘ve experienced situations whereby the WILL OF THE PEOPLE is being kicked away in deciding who should represent them. The winners are usually those who never scored half of the vote that the declared loser scored. The result of elections over the years have been in contrast with the WILL OF THE PEOPLE , in other words, the people sees those they never voted for in the corridor of power. It is on this claim that the judiciary show-up to make sure that the stolen power is given back to the people. The process of giving power back to the people is usually carried out through election petition tribunal.
The election sitting in Benin, declared Comrade Adams Aliyu Oshiomole the duly elected governor of Edo state. Not satisfied with the tribunal’s judgment, professor Oserheimen Osunbor took an Appeal in the appellate, court in the court of Appeal, precisely, November, 11th, Hon. Justice Farouk Abdullahi declare comrade Adams Oshiomole as the duly elected governor of Edo State. By this time, the humbly brilliant and matured professor who had been as a senator for two terms accepted the Farouk Abdullahi’s verdict with good faith. Despite the high tension security network placed on strategic, locations, the people not regarding party affiliation, trooped out in their thousand to jubilate with the people’s government who is often regarded as the voice of the people . Even in his sworing in ay, the Samuel Ogbemudia stadium which was full to the brim, could not accommodate many more people that came to witness the sworing in ceremony.
The successful enthronement of Adams Oshiomole as the duly elected governor of Edo State came about through the effectiveness of the judiciary. The judiciary is therefore a pivotal force in the ensurance of democracy.
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