Reps move to allow NBA remove corrupt judges through no-confidence vote

A bill seeking to empower the Nigerian Bar Association (NBA) to remove corrupt judges through a no-confidence vote, scaled second reading in the house of representatives on Tuesday. 

Sponsored by Afam Ogene, a member of the Labour Party (LP) representing Ogbaru federal constituency of Anambra, the bill aims to alter sections 231, 238, 250, 256, and 271 of the 1999 constitution, which deal with the procedure for the removal of judges.

CURRENT LAW 

Among other things, section 292 of the constitution states that “a judicial officer shall be removed from office in the case of chief justice of Nigeria, president of the court of appeal, chief judge of the federal high court, president of the national industrial court, chief judge of the high court of the federal capital territory (FCT), grand kadi of the Sharia court of appeal of the federal capital territory, and president of customary court of appeal of the federal capital territory, by the president acting on an address supported by two-thirds majority of the senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the code of conduct.

“While the chief judge of a state, grand kadi of a Sharia court of appeal or president of a customary court of appeal of a state shall be removed from office by the governor acting on an address supported by a two-thirds majority of the house of assembly of the state.”

THE PROPOSED LAW

The proposed legislation intends to introduce new subsections to the aforementioned sections for the removal of corrupt justices and judges from their respective offices.

The bill seeks to confer powers on the NBA to receive petitions against any erring judicial officers, consider the defence of the petitioned officer, and if not satisfied, conduct a confidence vote.

If two-thirds of the members of the NBA in the annual general meeting or conference pass a vote of no confidence in the petitioned officer, then his/her continuation in office is immediately terminated.

“This implies that the judicial officer is presumed in the eyes of the law to have resigned from service,” the legislative brief reads.

Ogene said the essence of the bill is to provide an alternative constitutional mechanism for disciplining erring and corrupt judicial officers away from the “mundane role of the National Judicial Council (NJC), which is no longer potent in curbing the rot in our court and justice system”.