This book examines judging in Nigeria, focusing on judicial discretion and interpretation as key factors. It explores the judiciary's historical context, judgment delivery, and the societal impact of judicial decisions. Introducing the author's socio-judicialism theory, relevant to courts in Nigeria and other Common Law countries.
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)
Abstract - Dedication - Foreword - Acknowledgments - Praise for the Book- Author's Note - About the Author- List of Figures - List of Abbreviations - Chapter One: Historical Perspective of Judging in Nigeria - Chapter Two: International Law and Judging in Nigeria - Chapter Three: Judicial Interpretation in Nigeria - Chapter Four: Judicial Discretion in Nigeria - Chapter Five: Judicial Precedent/Stare Decisis - Chapter Six: The Impact of Judging on Society - Chapter Seven: Conclusion - An Open Letter to Judges and Aspiring Judges - Bibliography - Appendix - Index
Ari Niki-Tobi is a U.S.-based Nigerian researcher, founder of A.T. Socio-Judicial Consulting, and former magistrate-judge in Lagos, Nigeria. Her academic work has included teaching criminal justice, introduction to law, criminology, and sociology of law. She holds master's and doctorate degrees in judicial studies from the University of Nevada, Reno, and is an alumna of the National Judicial College, Reno. She is known for developing the concept of Socio-Judicialism, first introduced in 2016, and has published extensively on judicial and societal issues.
