Looking at the 1999 Constitution of the Federal Republic of Nigeria, it is instructive that there is a clear evidence of intention on the part of the framers of the constitution to suggest that a strict and absolute doctrine of separation of the three branches of government might prove troublesome in practice, and hence, was better avoided. Although in relevant provisions, the constitution clearly sets out the thoughts, purposes and intentions with respect to the separation of powers, there is, however, no strict separation of powers as an unequivocal foundational constitutional principle as there is in the say, United States. Under this 1999 Constitution, reference can be made to the mix of functions that each of the branchesexecutive, legislature and judiciaryinvariably engages in, cutting across branch divisions. So, given that the process of defining precisely the constitutional limitations on branch power derived from the separation of powers is multifaceted, even where fundamental or core branch powers and functions are involved, the determinationof the precise purposes to be achievedgood government, preservation of societal values, maintenance of rule of law and public confidence in the courts, and accountability of judgesin lieu of the intervention of National Assembly, should be a more straightforward exercise to pursue.On the second concern regarding the functions of NJC and NJI which may conflict with the legislative oversight of judicial performances, it has to be said that Nigeria inherited British Common law legal system, and so a possible model on which proposed future appearances of judges at the National Assembly might be based are judicial accountability and parliament oversight in the United Kingdom. For instance, just like Nigerias NJC and NJI, the judiciary in England has the Judicial Appointments and Conduct Ombudsman which internally investigates complaints about the judicial appointments process, and also handles matters involving judicial discipline or conduct. There is also the Office for Judicial Complaints which handles complaints from the public about the personal conduct of all judicial office holders in England and Wales and some judicial office holders who sit in Tribunals in Scotland and Northern Ireland.Yet, in spite of having such organisations dealing with judicial complaints in the United Kingdom, the Lord Chief Justice in England and Wales, Lord Phillips of Worth Matravers and the Master of the Rolls (the second most senior judge after the Lord Chief Justice), Lord Neuberger of Abbotsbury, regularly appear before Select Committees of the UK Parliament to answer questions on issues related to the machinery of Government, as it affects the judges, with a view to enhancing judicial accountability. And, apart from scrutinising the judiciary by the Parliament, an annual report of the activities and performances of judges in England and Wales is also published by the Lord Chief Justice to make the judiciary accountable beyond any shadow of doubt.I believe most Nigerians want to live in a corruption-free society where their votes will always count whenever they vote to elect political officer holders. Responsive justice system must therefore recognise this yearning since the laws legitimacy is in part a function of the process that produces it. In The Supreme Court of the United States: Its Foundation, Methods, and Achievements: An Interpretation (1928), Charles Hughes, a former judge at the Permanent Court of International Justice (1928-1930), observes that the function of the court of law is concerned immediately with people, hence the protection both of the rights of the individual and of those of society rests not so often on formulas, as to which there may be agreement, but on a correct appreciation of social conditions and a true appraisal of the actual effect of conduct (pp. 165-166). And again, in a newspaper interview, Judge Denny Chin of Federal District Court in Manhattan (elevated by President Obama to the United States Court of Appeal for the Second Circuit, in New York, and best known for the 150-year sentence he gave Bernard L. Madoff, arguably the most prominent white-collar sentence in the history of American law), said: A good judge has to care, adding, He has to want to make the world better. (See A Judges Education, One Sentence at a Time, New York Times, October 9, 2011, p.MB1).Judge Denny Chins advice resonates with the idea that Nigerian judges must show awareness of peoples concerns and everyday anxieties. The days of the archetypal irascible judge, answerable to no one, must be over in the country. If the judges are to have the input in the development of the country, then they should account for the way in which they are discharging their administrative responsibilities. Accountability can be effected through three elements, namely, duty to explain, exposure to scrutiny and the possibility of independent review. So, the proposed judiciarys explanatory accountability process before the Nigerian National Assembly is a way to demonstrate judges administrative responsibilities.In conclusion, if the accuracy of my analysis cannot be denied, it means that the separation of powers must be interpreted consistently with its maintenance. In other words, if consistency with purpose is a relevant criterion in the determination of the appropriate interpretative technique of doctrine of separation of powers, in the context of the crisis rocking the nations judiciary, the relevant purpose is that to be served more precisely by the regular intervention of the Senate or House Committee on Judiciary, Human Rights and Legal Matters on the aspect of the administration of justice in the country.Concluded.Dr. Ajetunmobi teaches International Law at the University of Portsmouth. He wrote in via abdulsalam.ajetunmobi@port.ac.uk
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