A groundbreaking bill seeking to amend Nigeria’s 1999 Constitution has passed its second reading in the House of Representatives, sparking discussions about judicial independence and the process of removing heads of Nigerian courts. Sponsored by Speaker Tajudeen Abbas, the bill calls for mandatory involvement of the National Judicial Council (NJC) before any head of court can be removed from office.
The proposed amendment aims to revise Section 292(1)(a)(i) and (ii) of the Constitution, ensuring that judicial leaders including the Chief Justice of Nigeria, the President of the Court of Appeal, and other high-ranking court officials cannot be removed by the President or State Governors without first undergoing a thorough investigation by the NJC. The investigation, as proposed, would be completed within six weeks, in line with the Supreme Court ruling in the case Elelu-Habeeb & Anor. v. A-G of the Federation & 2 Ors. (2012).
Leading the debate on the bill, Edo lawmaker Marcus Onobun emphasized the necessity of NJC’s involvement in judicial removals, highlighting concerns that current constitutional provisions leave heads of courts vulnerable to arbitrary actions by the President or Governors, without any check from the judicial body itself.
Onobun pointed out that while Section 292 provides a clear process for the removal of heads of courts, it fails to include the NJC in these crucial decisions, unlike the procedure for removing other judicial officers, where the NJC’s recommendation is required. This omission, he argued, weakens the principle of judicial independence and undermines the separation of powers.
“The heads of courts are essentially at the mercy of the executive and legislature without the necessary safeguards,” Onobun said. “This bill seeks to correct this imbalance by ensuring that any removal is based on evidence, investigated by the NJC, and not left to political whims or arbitrary decisions.”
He further noted that involving the NJC would ensure that the removal of judicial leaders is done with the council’s expertise and adherence to due process, preventing misuse of power. Onobun also argued that the current constitutional provisions create a bizarre situation where it’s easier to remove a judicial officer than it is to remove the head of the same court, which is inconsistent and problematic.
The bill, which was referred to the House Committee on Constitution Review for further analysis, seeks to align the removal process of heads of courts with the Supreme Court’s interpretation of the Constitution. If passed, the amendment would solidify the NJC’s role in protecting judicial independence and further advance the doctrine of checks and balances in Nigeria’s political system.
This move has sparked optimism among legal experts and lawmakers, who see it as a vital step toward reinforcing the independence of the judiciary and ensuring that judges are not subjected to undue political influence. The bill is now set for further legislative scrutiny before its third and final reading.
With this landmark bill, Nigerian lawmakers are setting the stage for a stronger, more independent judiciary, one that is insulated from political pressures and fully in line with constitutional principles of justice and fairness.
