ABSTRACT
This chapter highlights the historical, political, and constitutional background of the Nigerian society, the nature, and role of the judicial institution in it. It considers several experiences of the judicialization of politics in the post-authoritarian political transition. Politicization of the judiciary sometimes results from the widespread incidence of a judicialization of politics. All institutions of civil governance suffered as the military ruled with authoritarian legislation that undermined the Constitution. The military head of state, usually with an inner cabal of loyalists, formed a ruling council and made decrees under powers for ‘the peace, order and good government’ of the country. Irrespective of its authoritarian context, judicial review has always been an important part of the post-independent constitutional arrangements in Nigeria, as testified to by the fact that the courts still exercised powers of judicial review during the period of military rule.
