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The Attorney-General and Minister for Justice, Betty Mould-Iddrisu, has highlighted the need for the Judiciary to reassert its independence.
This is necessary for the institution to contribute better to democracy and the rule of law.
“The Judiciary can play a very important role in the interpretation of the constitution; it can also play an active role in the determination of election results and in the maintenance of the human rights and fundamental freedoms of individuals,” Mrs Mould-Iddrisu said when she addressed a ceremony by the Community Court of Justice in Abuja Friday.
The theme for the programme was “Consolidation of the role of the Judiciary in West Africa.”
The A-G said whilst the Executive and Legislature have a framework to assert themselves, the Judiciary has been reduced to interpreting laws.
“The Judiciary is often seen as the third in the pecking order in the realm after the Executive and the Legislature. The Executive appears all powerful, in control of the affairs of the State; whilst the Legislature is able to assert itself against the Executive in the process of legislation and approval of executive acts. The Judiciary is often reduced to interpreting laws and is not even in the position to “fill in the gaps” in a statute by way of judicial legislation.
“The judicial power, which includes the power of judicial review, is a powerful weapon that the Judiciary can use to consolidate its role in the governance of a country. The Judiciary can play a very important role in the interpretation of the Constitution; it can also play an active role in the determination of election results and in the maintenance of the human rights and fundamental freedoms of individuals,” she stated.
Mrs Mould-Iddrisu also hailed efforts, over the years, to establish strong democracies in the sub-region, stressing, “It is in this milieu of constitutional rule that I believe the role of the Judiciary can be consolidated.”
Source: Myjoyonline.com
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