Abstract
An independent judiciary is one of the corner stone for democracy to thrive in the society. It is
an essential factor for constitutional democracy and the rule of law. Judicial independence
means the ability of judges to function independently from outside influences that may corrupt
or curtail their ability to fairly administer justice. It also means the independence of judges to
think freely and act freely according to the dictates of their conscience in line with the provision
of the law without any let or hindrance or fear of repercussion from any quarters. This article
identified four factors which ensured judicial independence to include security of tenure/
remuneration, the implementation of due process in the appointment of judicial officers, due
process in the removal of judicial officers, and obedience of court orders/ compliance thereto
by executive and legislative bodies. The article examined events in Nigeria’s recent democratic
history wherein heads of courts were unlawfully removed, appointed or elevated; appraised
the removal procedure for head of courts; and exposed the motivation for tampering with
judicial independence by politicians. The article maintained that without willing collaborators
within the judiciary and the justice sector it would have been difficult to curtail judicial
independence. The events surrounding disputes at the election tribunals, and appointment/
removal of head of courts showcased that Nigeria politicians in power have by all means pocket
the judiciary and curtailed her independence. The politicians neglected the constitutional
provisions in the appointment and removal of heads of courts, and appointed judicial officers
willing to aid their political ambition/career. This scheme was majorly engendered to
manoeuvre election disputes at the tribunal in favour of the politicians in power. This article
suggested that excluding politicians from the appointment process of heads of courts will to an
extent ensure the independence of the judiciary.