A bill aimed at empowering the Nigerian Bar Association (NBA) to remove corrupt judges through a no-confidence vote has successfully passed its second reading in the House of Representatives on Tuesday.
Sponsored by a member of the Labour Party (LP) representing Ogbaru Federal Constituency of Anambra, Afam Ogene, the bill seeks to amend several sections of the 1999 Constitution, specifically sections 231, 238, 250, 256, and 271, which deal with the removal procedure of judges.
Under the current law, section 292 of the Constitution outlines the procedures for removing a judicial officer, including high-ranking figures such as the Chief Justice of Nigeria, the President of the Court of Appeal, and various other judicial officers.
The process typically involves a recommendation by the President, based on an address supported by a two-thirds majority in the Senate. This applies to top judicial figures, while state-level judges follow a similar process with the governor and state assembly’s involvement.
“Judicial officers, including the Chief Justice of Nigeria and other senior judges, can only be removed through a presidential address, which must be supported by a two-thirds majority of the Senate for their inability to perform their duties, misconduct, or violation of the code of conduct,” the current provision reads.
Naijaonpoint understands that the new bill seeks to introduce an alternative and more direct mechanism for the removal of corrupt or erring judicial officers.
Under the proposed legislation, the NBA would be given the authority to receive petitions against any judicial officer, evaluate the officer’s defense, and, if necessary, conduct a vote of no confidence.
If two-thirds of the NBA members present at the annual general meeting or conference vote in favor of the no-confidence motion, the judicial officer would be immediately removed from office.
According to the bill’s legislative brief, “This implies that the judicial officer is presumed in the eyes of the law to have resigned from service.”
Ogene, the bill’s sponsor, emphasized that the intent behind the bill is to provide an alternative, more effective system for disciplining corrupt judicial officers.
He criticized the National Judicial Council (NJC), stating that it has been ineffective in addressing corruption and misconduct within the judicial system. Ogene argued that the NBA should be empowered to take a more active role in curbing the rot in the nation’s court system.
“The essence of this bill is to create an alternative constitutional mechanism for dealing with corrupt judicial officers, bypassing the largely ineffective role of the National Judicial Council (NJC), which has proven inadequate in curbing the widespread corruption in our judiciary,” Ogene said.