Judiciary Under Military, Civilian Rule: From ouster clauses to constitutional checks

By Henry Ojelu, Assistant Judicial Editor
Nigeria’s judiciary has undergone profound changes since independence, moving from an institution operating under successive military governments and restrictive decrees to a constitutional arm of government with broader powers of judicial review under the Fourth Republic.
The contrast is particularly evident in the judiciary’s relationship with executive power, access to justice, judicial independence and the determination of political disputes.
Under military rule, the regular courts remained in existence, but their powers were frequently curtailed by military decrees. The courts could interpret existing laws, but their ability to questi...