The Importance of an Impartial Judiciary

What is an Impartial Judiciary?

An Impartial/Independent Judiciary can be refers to as the absence of external control, impartiality and absence of bias in the administration of justice by the courts.

In addition, Impartial Judiciary can also be defined as the situation whereby the administration of justice by the court excludes bias.

Importance

Impartial judiciary is essential to individual freedom. Judges must as far as humanly possible, be made independent of the executive in the discharge of their duties in order to ensure that the will liberties and rights of individual are protected against the encroachment of tyrannical executive. It is also important for a society to have an impartial judiciary because the judiciary is the hope of the hopeless and voice of the voiceless in the society.

However, the importance of impartial judiciary is listed below;

1. Individual Freedom: An impartial judiciary will give citizen of a particular nation/country freedom to discharge their duties.
2. Independent: An impartial judiciary to this end means that judges must be made independent of the executive in the discharge of their duties.
3. Individual Rights: This means that if impartial judiciary prevail, an individual rights will be protected against the encroachment of tyrannical executive.
4. Hope of the hopeless: An impartial judiciary is also important to a society because the judiciary is the hope of the hopeless and voice of the voiceless in the society.

Illustration

To put more lights to the above subject matter, lets look into this illustration. In 2006, when Senator Rashidi Ladoja was impeached as the Governor of Oyo State and the bias judge as at that time swear in the Deputy Governor of Oyo State (Otunba Adebayo Alao Akala) as the new Governor, but if the motion was raised in the by two-third (2/3) of the House and approved by the speaker of the House, does that mean that the judiciary also have to support the motion.

But when the motion was approved by the House also the judiciary in Ibadan also swear in the Deputy Governor in unlawful procedure. But if the judiciary is impartial/independent I hope such thing will not happen. Because it was observe that the person who swear in the Deputy Governor was an Acting Chief Judge (Mr. Afolabi) who was now force to resign his post as a Judge by NUJ Ibadan Chapter.

The illustration above discusses how the judiciary cabinet was bias and partially support what is unlawful. But if the judiciary is independent/impartial such thing might not happen.