The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion

ISBN-13: 9783631877524 / Angielski / Miękka / 2025 / 274 str.

Ari Niki-Tobi

Opis

This socio-legal text examines the role of judges as agents of social change and the societal impact of their decisions. Drawing on first-hand experiences, informant narratives, and historical insights, it explores the Nigerian judiciary, judicial discretion, precedent, and courts' societal role. The book argues that judges should interpret justice with social interests, social and judicial empathy, and evolving contexts in mind, rather than strictly adhering to precedent. With a pragmatic approach and clear diagrams, it challenges judicial stereotypes and emphasizes the need for ‘appropriate’ discretion that aligns with the public understanding of justice. This book highlights the courts' critical role in shaping societal development by addressing the interplay between law and society. Its interdisciplinary and humanitarian approach offers fresh perspectives on how judicial decision-making affects the public and sparks a long-overdue debate on interpreting justice in a changing world.
“With her unique Socio-Judicial Approach, the author boldly reimagines judging as a democratic and socially engaged process. A thought-provoking work of wide relevance.” – Hon. Chief Judge Kashim Zannah (President, Commonwealth Judicial Education Institute (CJEI), Chief Judge, Borno State, Nigeria)“This book recalls Cardozo’s "The Nature of the Judicial Process"—a powerful compliment. A profound and timely contribution to understanding judging in today’s world.” – Dr. Malcolm M. Feeley (Professor Emeritus, UC Berkeley School of Law)“A masterful exploration of discretion and interpretation, reinforcing the idea of courts as agents of social change. A valuable resource for judges and scholars.”

– Hon. Justice Amina Adamu Augie, Rtd. JSC (Justice, The Supreme Court of Nigeria)