WAEC Government 2012 Theory — Question 2

Model answer

(a) Independence of the judiciary refers to the absence of external control, impartiality and absence of bias in the administration of justice by the courts. In other words, it is the ability of the judiciary to dispense justice without fear or favour. (b) Reasons for the independence of the judiciary: I. The judiciary is regarded as the last hope of the common man because it is the organ of government that citizens can seek redress whenever their rights have been violated. Independence of the judiciary is essential to individual freedom. Hence, the reason for the independence of the judiciary. II. When the judiciary is independent, it will not be controlled by overzealous executive and legislature. This makes judges to make judgement without fear or favour. III. The independence of the judiciary hinders the officials of government from abusing their powers by violating the rights of the citizens. This is because the independence of the judiciary empowers the judiciary to make ruling against the executive and legislature.