The Role of Judicial Activism in the Enforcement of Rule of Law in Nigeria

Abstract

Judiciary activism is a form of judicial restraint which is used to represent proactive and courageous disposition of the judiciary in the enforcement of rule of law and protection of fundament rights. It operates for the benefit of the various segments of the society to ensure that those whose rights has been or likely to be infringed upon are judicially and judiciously determined. In this context, judicial activism within the context of Nigerian constitutional law concerns the role of courts which are designed to ensure compliance with the values, norms, principles and constitutional law even when not specifically covered or mentioned in the constitutional text but which nevertheless stands as an integral part of the text by necessary implication. For this purpose, various constitutional provisions justifying judicial action and selected judgments of the Supreme Court having impacts on enforcement of law and due process are examined. The bottom line of this paper is potentially important because it involves the courts scrutinizing the manner in which power has been or is proposed to be exercised is in compliance with requirement of due process. The Nigerian judiciary as represented by courts has been playing significant role in this respect within its constitutional powers to advance rule of the law in Nigeria with regards to the other organs of government (that is the legislature and executives).