The following factors are challenges faced by the judiciary under the doctrine of Separation of Powers except

Step 1: Analyze the question The question asks for the option that is NOT a challenge to the judiciary's independence under the doctrine of Separation of Powers. It is an "except" question, so three options are challenges and one is not.

Step 2: The concept Separation of Powers (Montesquieu) divides government into the legislature, executive and judiciary. The aim is to prevent abuse of power, and the judiciary is meant to be independent. In practice, the other arms of government (especially the executive) can interfere with that independence through:

• Appointment of judges: In Nigeria the President or Governor appoints judges on the recommendation of the National Judicial Council (NJC), subject to Senate or House of Assembly confirmation. This gives the executive and legislature influence over who becomes a judge.
• Financial autonomy: Judiciary funding depends on the executive and legislature, which can restrict funds and so pressure the courts.
• Removal of judges: Judges can be removed on the address of the legislature or on the recommendation of the NJC. This can be abused to intimidate judges.
• Poor legal infrastructure: This refers to inadequate courtrooms, libraries, ICT and so on. It is a general administrative or resource problem. It is not a challenge arising from the doctrine of separation of powers, that is, from interference or control by other arms of government.

Step 3: Working

• A: relates to control by the executive and legislature. This is a challenge.
• B: relates to dependence on other arms for funds. This is a challenge.
• C: relates to the power of other arms to remove judges. This is a challenge.
• D: relates to the physical state of courts, not to the relationship between arms of government.

Step 4: Answer D is the odd one out.

One note: poor infrastructure is certainly a real problem for Nigerian courts. It simply is not a challenge that stems from the separation-of-powers relationship, and that is what the question is testing.

Exam tip: For "except" questions on judicial independence, look for the option that is not about interference or control by another arm of government (appointment, funding, removal, tenure, discipline). Anything purely logistical is usually the exception.