KDSJ.

Kaduna State Judiciary: Kaduna State Judiciary is one of the three Arms of Government of the State with a mandate to adjudicate disputes arising between individuals, governments and corporate entities in their inter-relationships within the state.

The first function of the judiciary is Administration of Justice. it gives justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people. Aggrieved citizens can go to the courts for seeking redress and compensation either when they fear any harm to their rights or after they have suffered any loss.

Another major function of the judiciary is the Interpretation and Application of Laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the judges interpret it to mean.

The judiciary also plays a role in Law-Making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.

Moreover, the judgments delivered by the higher courts, which are the Courts of Records, are binding upon lower courts. The latter can decide the cases before them on the basis of the decisions made by the higher courts. Judicial decisions constitute a source of law.

Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as equity legislation.

The Kaduna State Judiciary also performs the functions of Judicial review. The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose, the judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary and it becomes invalid for future. This power of the court is called the power of judicial review.

The power of the judiciary is not only to deliver judgments and decide disputes, but also Enforcement its Judgments. It can direct the executive to carry out its decisions. It can summon any person and directly find out the truth from him. In case any person is held guilty of not following any decision of the court, or of acting against the direction of the court, or of misleading the court, or of not appearing before the court in a case being heard by it, the Court has the power to punish the person for the contempt of court

Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as Equity Legislation.

The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens. In all such cases, it becomes the responsibility of the judiciary to protect the rights of the people.

The judiciary is not a department of the government. It is independent of both the legislature and the executive. It is a separate and independent organ with its own organisation and officials. It has the power to decide the nature of judicial organisation in the state. It frames and enforces its own rules. It makes and enforces rules for the orderly and efficient conduct of judicial administration.

Judges are very often called upon to head Enquiry Commissions constituted to enquire into some serious incidents resulting from the alleged errors or omissions on the part of government or some public servants. Commissions of enquiry headed by a single judge are also sometimes constituted for investigating important and complicated issues and problems.

Besides the above major functions, the judiciary also performs several other functions. Some such functions are the appointment of certain local officials of the court, choosing of clerical and other employees. Cases relating to grant of licenses, patents, and copy rights, the appointment of guardians and trustees, the admission of wills, to appoint trustees to look after the property of the minors, to settle the issues of successions of property and rights, issue of administrating the estates of deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce cases, election petitions and the like.

The Kaduna State Judiciary consists of three branches, namely: High Court of Justice which is presided over by the Honourable Chief Judge and Chairman Judicial Service Commission, Sharia Court of Appeal presided over by the Honourable Grand Kadi and Customary Court of Appeal president over by President. The rules and procedures governing the operations of the Kaduna State High Court is of Kaduna State (Civil Procedure) Rules 2024.

Kaduna State Judiciary: