JUDICIAL ACTIVISM IN NIGERIA: A CATALYST FOR LEGAL DEVELOPMENT OR AN OVERREACH OF POWER?

Abstract

The judiciary, as the guardian of justice, wields significant power in interpreting and shaping the
law. In Nigeria, judicial activism emerged as a transformative force, influencing legal development
through progressive rulings. Proponents viewed it as essential for bridging legislative gaps,
safeguarding rights, and fostering socio-legal progress. However, critics argued that it disrupted the
separation of powers, potentially encroaching on legislative and executive functions. This research
critically examined judicial activism in Nigeria, assessing whether it drove legal advancement or
constituted judicial overreach. Employing a doctrinal methodology with an analytical approach, the
study relied on primary legal sources such as the 1999 Constitution, judicial precedents, and
international legal frameworks, alongside secondary sources like scholarly texts and law journals.
Findings indicated that judicial activism significantly shaped Nigeria’s legal landscape, expanded
constitutional rights, and addressed legislative deficiencies. Nonetheless, concerns persisted
regarding its consistency with the separation of powers. The study recommended institutionalising
of judicial independence, strengthening legal education and continuous judicial training,
encouraging public interest litigation among others, to ensure that activism remained within
constitutional boundaries while fostering legal evolution. Additionally, establishing judicial review
mechanisms were recommended to provide checks on activist judicial decisions where needed in
order maintain the delicate balance between judicial intervention and democratic governance.