The Judiciary and Constitutionalism in Transitions: A Critique

Hakeem Yusuf

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Abstract

The article critically analyses the role of the Nigerian courts in mediating resultant tensions in the post-authoritarian transition period. In doing this, I examine jurisprudence emanating from the courts on some serious inter-governmental disputes, as well as decisions bordering on individual and group rights, particularly those connected to the transition process. The dynamics of democratic transition in Nigeria after decades of military rule dictates the inevitability of these disputes. The military left a legacy of systemic distortion and institutional dysfunctions which constitute formidable challenges to the transitioning society. The article argues a case for a purposive jurisprudential
approach to resolving the ensuing tensions which typically threaten the viability of the transition.
Original languageEnglish
Number of pages47
JournalGlobal Jurist
Volume7
Issue number3
Publication statusPublished - 2007

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