By Mercy Aikoye
The House of Representatives has taken a significant step towards ensuring the independence of the judiciary. A bill seeking to amend the 1999 Constitution to make the National Judicial Council’s (NJC) recommendation mandatory for the removal of heads of Nigerian courts has passed its second reading.
The bill, sponsored by Speaker Tajudeen Abbas, aims to alter Section 292(1)(a)(i) and (ii) of the Constitution to ensure that the NJC investigates allegations against heads of courts before their removal. This change would apply to the Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, and other high-ranking judicial officers.
Edo lawmaker Marcus Onobun led the debate on the bill, expressing concerns that the current procedure for removing heads of courts does not involve the NJC. He argued that this omission undermines the independence of the judiciary and the doctrine of separation of powers.
Onobun noted that Section 292(1)(b) of the Constitution already requires the NJC’s recommendation for the removal of other judicial officers. He questioned why heads of courts should be exempt from this requirement.
The current procedure, as outlined in Section 292(1)(a)(i) and (ii), allows the President or Governor to remove heads of courts based on an address supported by a two-thirds majority of the Senate or State House of Assembly. Onobun argued that this process can lead to arbitrary removals without evidence or due process.
Involving the NJC in the removal process would ensure that allegations are investigated thoroughly and that removals are based on evidence. This change would strengthen the independence of the judiciary and promote accountability.
Onobun urged his colleagues to support the bill, emphasizing that it would align with the Supreme Court’s judgment in Elelu-Habeeb & Anor. v. A-G of the Federation & 2 Ors. (2012).
The bill has been referred to the House Committee on Constitution Review for further legislative input. If passed, it would mark a significant step towards ensuring the independence and integrity of Nigeria’s judiciary.
By making the NJC’s recommendation mandatory, the bill aims to prevent arbitrary removals and promote accountability within the judiciary. This change would have far-reaching implications for Nigeria’s democratic institutions and the rule of law.
