The quest of fiscal autonomy for judicial independence
The case of the Nigerian judiciary and its challenges
Bibliographic Data
| ID | 6030145 |
|---|---|
| Authors | Jeremiah Osasume Okaisabor (0000-0002-5464-7438, University of Benin, corresponding author) |
| Year | 2025 |
| Volume | 23 |
| Issue | 3 |
| Pages | 756-780 |
| Publication date | 2025-07-03 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | African Identities (JOURNAL) |
| Journal identifiers | ISSN: 1472-5843 • E-ISSN: 1472-5851 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/14725843.2024.2349613 |
| OpenAlex | W4400363677 |
| Language | EN |
| References cited | 8 |
The executive arm of the government in Nigeria has been underfunding the judiciary due to its lack of fiscal (financial) autonomy. However, despite the Nigerian judiciary being granted fiscal self-autonomy by the court in 2014, it continues to fall short of one of the main criteria for judicial independence due to inadequate budgetary support. Thus, the article examines the judiciary’s independence and its challenges from poor funding. It employs a qualitative methodology and desk research sources to examine several provisions of the Nigerian constitution, analyze the practicalities of fiscal autonomy from a comparative perspective between Nigeria and other countries, and determine the inadequate funding of the Nigerian judiciary by placing its percentage of budgetary allocation against the nation’s total annual budget over the years. The article suggests the need for implementation structures of fiscal autonomy involving a time frame of budgetary allocation directly to the judiciary to assure its independence and efficient funding for the provision of court services
Autonomy · Economics · Judicial discretion · Judicial Independence · Judicial review · Law and economics · Political science · Politics · International Law and Aviation · Judicial and Constitutional Studies · Law · Legal Issues in South Africa · Mathematics
| Citation velocity | historical |
|---|---|
| Highly cited | No |