ABSTRACT
Judiciary is the bedrock of any democracy. For any democratic country, the administration and delivery of justice are the exclusive purview of the court. Given the significance of justice in human society, it is incumbent upon those charged with enforcing it to act in accordance with the moral and ethical principles. It provides an interpretation of laws passed by the legislative branch or passed using the legislature's power. In the Nigerian context, the judiciary has been on the public eye given its conflicting judgments over the years. One of the many controversial decisions of courts in election petitions is the recent decision of the Appeal Court in the case of Governor Abba Yusuf and Nasiru Gawuna of Kano State. The major aim of this research was to assess the role of the judiciary in democratic consolidation in Nigeria using a case Study of Kano State Court of Appeal Judgment in Kano Governorship Election. Specifically, the study sought to achieve the following objectives: assess the impact of the Court of Appeal judgment on the future participation of the people of Kano State in an election, understand the impact of the Court of Appeal judgment on the people’s perception of political institutions in Kano State, and understand whether the Court of Appeal judgment has the potential to drive authoritarian government in Kano State. Theoretically, the study utilized new institutionalism theory that emphasizes that the importance of institutions in democratic consolidation. Institutions are more than simply formal regulations; they are also moral frameworks, symbol systems, and cognitive scripts. The Nigerian judiciary is an institution that should be governed by norms, laws and contexts. Its strategic importance to democracy building and sustenance has continued to elicit scholarly attention particularly as it is constituted to direct and redirect the affairs of the state through its judgments, policies and oversights. Methodologically, the study utilized survey research design. It chose Ungongo Local Government (LGA) of Kano State for study based on convenience. The estimated population of Ungongo Local Government (LGA) was 601,500 from where a sample size of 400 participants was carefully selected. The study utilized structured questionnaire with closed ended questions designed to elicit direct responses from the respondents as well as for easy analysis. It involved both Likert formats of Strongly Agree (SA), Agree (A), Disagree (D), Strongly Disagree (SD) and Undecided (U). The study utilized simple percentages and charts for the analysis of the respondents’ bio-data. The study found that that as a result of the Appeal Court’s judgment in Kano State Governorship Election, the people have decided not to participate in the future election in the state. the study found that as a result of the Court’s judgment, people’s perception about political institutions such as the judiciary were affected and the study found that the court’s decision has the potential to embolden the government in power to rule without allowing the people to participate in the decision making process and embolden the government to rule as it pleases. The study recommends that Judges should be appointed impartially by taking into account the opinions of the public and the important players in the legal system, Judges ought to have immunity, which protects them from punishment or personal accountability for carrying out their official responsibilities in a productive manner, , judges ought to have tenure security, which guards against their removal before they reach retirement age, for a successful judicial system, executive meddling, careless defiance of court orders, and disrespect for the law should be discouraged and the need to strengthen strengthening the benefits package for judicial employees, optimizing financial allocation, and enacting sufficient sanctions for judges who make mistakes.
