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Justiciability theory versus political question doctrine: challenges of the Nigerian judiciary in the determination of electoral and other related cases

Citation

Egbewole, WO and Olatunji, OA, Justiciability theory versus political question doctrine: challenges of the Nigerian judiciary in the determination of electoral and other related cases, Journal Jurisprudence, 14 pp. 117-150. ISSN 1836-0955 (2012) [Non Refereed Article]


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Abstract

The debate has been on for a while on the desirability or otherwise of allowing the court to determine all legal questions brought before it regardless of whether such questions involve political questions or not. One side of the argument posits that the court should stay clear of what is wellknown as ‘political questions’ as this would be better decided by the concerned coordinate arms of government; while the other side contends that it would amount to abdication of judicial responsibilities for judges to shy away from determining a legal question properly brought before them all because such question involves a political question. This leads to the question: how do we reconcile the political question doctrine with the justiciability theory? This paper seeks to answer this question. The paper examines the current position of the Nigerian Judiciary on the political question doctrine and the justiciability principle, arguing that Nigerian courts have moved away from their restrictive approach to the interpretation of section 6(6) (b) of the 1999 Constitution to a permissive approach wherein a wide number of cases involving political questions are now decided. It is concluded that little is now left of the political question doctrine in Nigeria.

Item Details

Item Type:Non Refereed Article
Keywords:Justiciability Theory, Political Question Doctrine, Nigerian Judiciary
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Legal Theory, Jurisprudence and Legal Interpretation
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Law Reform
Author:Olatunji, OA (Mr Olugbenga Olatunji)
ID Code:122876
Year Published:2012
Deposited By:Law
Deposited On:2017-12-04
Last Modified:2017-12-06
Downloads:0

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