Question 3
Highlight five negative impacts on a state should the judiciary fail to live up to its constitutional mandate.
Observation
This was not a popular question and many of the candidates avoided the question. Few of the candidates who attempted it did not understood the demands of the question and scored low marks. The candidates were expected to write the following points as answers to the question.
- State of lawlessness and recklessness
- Abuse of rights and liberties of citizens
- Loss of confidence in the judiciary/justice delivery system
- Upsurge in corrupt practices
- Increase in crime rate
- Erodes investor confidence in the state
- The life and security of personnel of the judiciary is put at risk
- Credibility of the judiciary suffers/it creates credibility crises for the judiciary
- Discrimination in the justice delivery system
- Arbitrary exercise of power by commissions, agencies and organs of government
- It creates bad image within and outside the country
- It encourages electoral malpractices
- Encourages dictatorship
- Encourages non-observance of Rule of Law
- Role as interpreter of law will suffer setback
- Abuse of due process with impunity
- It may encourage disputes among the various organs of government
- Justice for the highest bidder is encouraged
- Encourages mob justice
- Aggrieved persons may seek other non legal means to protect their rights