By Stellamaries Amuwa
There is palpable tension in the Judiciary as the National Judicial Council (NJC) is set to convene meetings to look into allegations of judicial misconduct levelled against some Judicial officers.
The meeting, which will be the NJC’s last in the year but the first quarterly session to be presided over by the new Chief Justice of Nigeria (CJN), Justice Kudirat Olatokunbo Kekere-Ekun, is expected to take place after the CJN returns from official assignment abroad.
The session is expected to address the recommendations of the several NJC committees investigating 55 petitions lodged against Judges across the country.
The NJC is empowered by the 1999 Constitution (as amended) to appoint, promote, and discipline judges.
There have been some concerns following recent statements by the new CJN that errant judges will face severe consequences.
Between May and August 2024, no fewer than 22 petitions were filed against 27 judges serving in both the federal and state high courts.
A separate set of eight panels, set up in June 2024, have been investigating claims against these judicial officers, while four additional panels were set up in August to assess cases where prima facia evidence of misconduct had been found.
Currently, 12 petitions are still under investigation, involving a number of judicial officers from the Court of Appeal and state high courts.
Judges facing these allegations have been given the opportunity to defend themselves, both in writing and orally, with legal representation if desired.
Although some judges, including the Chief Judge of a state high court, requested extension of time to respond to the allegations, the NJC had emphasized that the process cannot be delayed further.
Adding to the pressure on the judiciary, senior legal figures have raised concerns over recent controversies, particularly conflicting court orders related to elections in Rivers State.
The situation has highlighted the growing concerns over the misuse of judicial power, questioning the jurisdiction of federal high courts in matters traditionally under the purview of state high courts.
Prof Chidi Anselm Odinkalu, former chairman of the National Human Rights Commission, and other legal practitioners have lamented the increasing politicization of the judiciary, with some suggesting that judges are now more interested in issuing rulings that benefit powerful political interests rather than upholding the rule of law.
These were also concerns on the mode of appointment of Judicial officers, with a strong bias that the processes now fall short of expectation and more of patronage than being based on merit.
Legal experts argue that the integrity of the judiciary can only be restored if the NJC takes decisive steps to hold errant judges accountable, including potential sanctions such as dismissal or retirement, witnessed during the headship of Mohammed Uwais as CJN.
