Opinion: The Judiciary: the Political Question Doctrine and Justiciability, By Kayode Oladele
Although the judiciary may be excited with its newfound roles in Nigeria’s political space, the practice of assuming jurisdiction over issues bothering on political question doctrine will definitely impact its independence and compromise its ability to dispense justice without fear or favour.
It is important also to note that some actions are beyond the reach of the courts and this is as a result of the limitations placed on the powers and jurisdictions of courts by the Constitution. For instance, justiciability is hinged upon the scope of judicial powers and jurisdictional limitation. See Article III Section 2, Clause 1 of the United States Constitution, often referred to as Case and Controversy Clause and Section 6 of the 1999 Constitution of Nigeria.
A Nigerian case further illustrates this position. On December 2, 2010, an Abuja High Court declined to compel the Peoples Democratic Party to enforce its controversial zoning arrangement and struck out the suit seeking also to stop the incumbent president, Dr. Goodluck Jonathan from contesting for the same office on the platform of the Party in the 2011 presidential elections.
In other words, what is actually legal and enforceable is different from what ought to be legal and appeals only to the conscience and moral values. Article Article 7.2 has a coloration of natural law and moral agreement, and the fact that it was inserted into the PDP’s constitution does not make it legally binding and justiciable, especially if it is inconsistent with the provision of the normative positive law and law proper, as opposed to moral laws.
Nigeria Latest News, Nigeria Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Premium Times Daily data-react-helmet=trueBreaking news, Investigations, Multimedia, Analysis, Opinion, Business, Sports & more... by Premium Times data-react-helmet=true
Read more »
Premium Times Daily data-react-helmet=trueBreaking news, Investigations, Multimedia, Analysis, Opinion, Business, Sports & more... by Premium Times data-react-helmet=true
Read more »
Africa: An Unsung Continent In the Fight Against COVID-19, By Solomon Zewdu - Premium Times OpinionOpinion: Africa: An Unsung Continent In the Fight Against COVID-19, By Solomon Zewdu
Read more »
Governance Beyond COVID-19: Back to Kwara, By Reuben Abati - Premium Times OpinionThis year, there was some feeling of nostalgia about May 29 as Nigeria’s Democracy Day. When a few persons called me to ask if there were special plans for Democracy Day on May 29, I had to remind them that Democracy Day was now June 12. On June 6, 2018, […]
Read more »
Rape and Nigeria’s Pop Culture by Frederick Adetiba - Premium Times OpinionIf we must address the problem of rape in Nigeria, we must adopt a holistic approach.
Read more »