Consequently, the House has called for the involvement of National Judicial Council (NJC) in the procedure for the removal of head of courts to avoid victimisation by the executive.
This was contained in a Bill titled "an act to pursuant to Section 9(1) and (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to alter Section 292 (1) (A) and (i) (ii) to include the National Judicial Council in the procedure for the removal of heads of courts established by the Constitution under Section 6 (5)," moved by Hon. Garba Datti Muhammad.
Before now, it was gathered that the NJC can only recommend an erring judge to the President, but if the Bill is eventually passed, the body would be involved in the discipline or removal of any erring judge.
Leading debate on the Bill, which passed second reading on the floor of the House on Thursday, Hon. Garba Datti Muhammad, said that the principal purpose of the proposed amendment "is to ensure that judicial officers serving as heads of courts are not victimised through removal by executive fiat acting in concert with the legislature without any established or verifiable evidence."
The lawmaker pointed out that the objective of the Bill was to "subject judicial personal serving as heads of courts established under Section 6 (5) of the Constitution removal only upon the advise of National Judicial Council, so as to ensure consistency in the process."
Muhammad noted that "on many occasions, judicial personnel have been removed from office on trump up allegations without recourse to a body charged with the constitutional responsibility to investigate and recommend appropriate disciplinary action. Since the provisions in the Constitution did not give the National Judicial Council any role in the removal of heads of courts, it has left them at the mercy and whims of the Executive."
The Bill was referred to Committee on Constitutional review, when the Speaker, Hon. Yakubu Dogara ruled on its passage after voice vote in favour of the Bill.
No comments: