Outline the various ways in which the independence of the judiciary may be achieved and maintained in a country.

• The concept of independence of judiciary has its origins in the doctrine of separation of powers. The famous articulation of Montesquieu that “There is no liberty yet if the power of judge” bear this testimony.
• Independence of the judiciary may be achieved inter alia vesting judicial authority in the judiciary. In the first instance courts should be free from interference or control from any quarter.
• A judicial authority should be the employer of all judicial personnel.
• Judicial officers should enjoy security of tenure of office.
• Judicial officers should enjoy immunity from actions arising in the course of discharging their duties.
• Judicial staff should have their own code of service, terms and conditions of service.
• The appointment of judges should be strictly on merit, professionalism, personal integrity and commitment to the rule of law.
• Terms and conditions of service should be commensurate with their responsibility.



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