The Importance of an Impartial Judiciary

Thus, the following are the effective modes of securing judges of impartial/independence and high integrity.

1. Selection of judges
2. Security of salaries
3. System of tenure
4. Immunity of judges
5. Appointments of judges should be based on merit
6. Judiciary must be independent from the other arms of government
7. Selection of judges: The appointment of judges should be based upon the recommendation of an impartial body e.g. a specially constituted commission independent of the government.
8. System of tenure: Judges have a secured tenure of office. So as long as they are not guilty of any crime known to the law, they should continue in office. This system serves to maintain judiciary independence and high integrity. Judges should not be removed until the prescribed retirement age except on grounds of incapacity, infirmity of mind and proof of stated misdemeanor.
9. Security of salaries: According to J. Kent, “to give the judges the courage and the fairness to discharge their duties fearlessly, they ought to be confident of the security of the salaries and station”. So, to this end, the salaries of judges should be fixed and charge on the Consolidated Fund. That is, whether the annual budget is passed or not, judges should not be denied their pay.
10. Immunity of judges: The immunity of judges from legal liability for words spoken and acts done by them in the performance of their functions enhance their independence and impartial administration of justice.
11. Appointments of judges should based on merit: The impartial of the judiciary must also be secured by appointing judges men of exemplary quality, impeccable character, high integrity and honesty, especially those who are not easily susceptible to financial, social and political influences and pressures.
12. Judiciary must be independent from the other arms of government: The judiciary should be independent of the pressures of both the executive and the legislature. So as to discharge their duty with high integrity, member of the judiciary should not be control or belong to either the executive or the legislature.

In conclusion, from the above discussion, we can see that judiciary cabinet can discharge their duties impartially in the dispensation of justice and maintained high integrity through the above listed subject matter. However, the experience of some countries, especially in Africa, has demonstrated that many factors can limit judicial independence. These factors include political control and manipulation of the judiciary by the executive as well as the likelihood of bias arising out of the personal interests of members of the judiciary themselves.

Keynote: Impartial, Independence, Judiciary, Oyo State, NUJ Ibadan Chapter, Judges etc