JAMB 2019 Government · Question 59
The concept of the independence of the judiciary means that________
Options
- A.The judiciary must not attempt to meddle into legislative and executive affairs
- B.The powers of the courts can not be subjected of executive re-assessment
- C.The sanctity of the office of the Judges and Justices must be preserved without prejudice
- D.All means of legislative or executive influence on judicial decision making must be disabled
Answer: D. All means of legislative or executive influence on judicial decision making must be disabled
Explanation written with AI and checked against the answer key
Step 1: Analyze the question The question asks what "independence of the judiciary" means. This is a core principle of the separation of powers: judges should be able to decide cases freely, without pressure from the other arms of government.
Step 2: The concept Judicial independence means courts and judges are free from control, interference, or influence by the executive and the legislature (and by any other outside pressure) when making decisions. Judges decide cases only on the facts and the law. This is secured through things like security of tenure, fixed salaries paid from the Consolidated Revenue Fund, and immunity from legal action over official judgments.
Step 3: Evaluate the options
- A. The judiciary must not meddle into legislative and executive affairs. This describes the judiciary's duty to stay in its own lane. It is a limit on the judiciary, not what independence means. Independence is about protection from outside influence.
- B. The powers of the courts cannot be subjected to executive re-assessment. This is partly true, since the executive cannot review court decisions. But it covers only the executive and is narrower than the full concept. It also talks about "powers" rather than decision-making freedom.
- C. The sanctity of the office of Judges and Justices must be preserved without prejudice. This is about the dignity and security of the office. It is related but vague, and it does not capture the core idea of freedom from influence in deciding cases.
- D. All means of legislative or executive influence on judicial decision making must be disabled. This directly states the core idea: no influence from the other two arms on how judges decide cases. It covers both the legislature and the executive.
Step 4: Answer Option D best captures the meaning of judicial independence.
Tip: For "independence of the judiciary" questions, look for the option that says the other arms of government (executive and legislature) cannot influence or interfere with judicial decisions. Options that describe what the judiciary should not do, or that focus only on the dignity of the office, are usually distractors.
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