Independence of judiciary key to democracy- Prof Ladan

The Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Professor Tawfiq Ladan has described the independence of the judiciary as a key element of democracy in West Africa.

Prof. Ladan, who is a Professor of Public International Law and Comparative Jurisprudence of Regional Integration Law, said this in an interview with Daily Trust recently.

Prof Ladan said this is because courts must act impartially and make fair decisions without fear, favour or undue influence by external forces. Independence of the court is important to both community citizens and investors because it guarantees that the Rule of Law and democratic governance for the people can be protected.

“It is a prerequisite to the fundamental guarantee of a fair trial. Second, the need for the community court to muster the courage to face and surmount its old and new challenges,” he said.

On the enforcement of the judgements of the ECOWAS Court, Prof Ladan said the court must hold member states accountable for their Treaty obligations based on the 1993 Revised Treaty into its decision-making for the progressive realization of the community integration objectives.

“Out of a sense of modesty and humility, the court decided to focus this year on ‘the need for a strong and independent court rather than on a stronger and more independent regional court. Because compared with other regional integration courts in terms of impactful deliverable outputs or performance appraisal, consistency, boldness, though in some cases very controversial, richness in human rights jurisprudence and above all, demonstrable maturity, it is perceived by many analysts as the strongest and most independent of all in Africa,” he said.