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 Labour Party (LP) member representing Ogbaru federal constituency of Anambra, the bill aims to alter sections 231, 238, 250, 256, and 271 of the 1999 Constitution, which govern the removal of judges.
Current Law on Removal of Judges
Section 292 of the 1999 Constitution states:
The 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, and President of the Customary Court of Appeal can be removed by the President, acting on an address supported by a two-thirds majority of the Senate, on grounds of inability to discharge duties, misconduct, or breach of the code of conduct.
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 can be removed by the Governor, acting on an address supported by a two-thirds majority of the State House of Assembly.
The Proposed Law
The bill proposes new subsections to the Constitution, giving the NBA powers to handle petitions against judges accused of corruption or misconduct.
Under the proposed law:
1. The NBA would have the authority to receive petitions against judicial officers.
2. The accused judge would be given an opportunity to defend themselves.
3. If the NBA is not satisfied with the defense, it would conduct a confidence vote.
4. If two-thirds of NBA members at an annual general meeting or conference pass a vote of no confidence, the judge would be immediately removed.
5. The judge would be considered to have resigned in the eyes of the law.
Justification for the Bill
Ogene argued that the bill would provide an alternative mechanism for disciplining corrupt judges, reducing reliance on the National Judicial Council (NJC), which he described as ineffective in curbing corruption in the judiciary.
