The House of Representatives on Thursday moved to whittle down the power of the President to sack judiciary officers in the country.

A bill to amend the 1999 Constitution to allow the National Judicial Council to be fully involved in the removal of a judge from office passed the second reading at the House.

If passed, the bill sought to give the NJC more powers to decide the fate of judges beyond recommending their removal to the President.

The long title of the bill, which was sponsored by a former Deputy Minority Whip of the House, Mr. Garba Dhatti, reads, ‘Bill for an Act 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)’.

Dhatti explained that the aim of the bill was to shield judicial officers from possible abuse of power by the executive.

He spoke further, “It 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.

“It is to subject judiciary personnel, serving as heads of courts established under Section 6 (5) of the Constitution, to removal only upon the advice of the National Judicial Council so as to ensure consistency in the process.

“On many occasions, judiciary personnel have been removed from office on trumped-up allegations without recourse to a body charged with the constitutional responsibility to investigate and recommend appropriate disciplinary actions.

“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 appeared for debate just days after it had ordered an investigation into recent arrests of judges and the invasion of their homes by operatives of the Department of State Services.

However, its passage will depend on the report of the House Ad Hoc Committee on Constitution Review.

In the meantime, lawmakers passed it for the second reading in a majority voice vote.

The session, which was presided over by the Speaker, Mr. Yakubu Dogara, also passed a separate resolution, asking the Federal Government to comply with the Federal Character Principles in making appointments and recruitment into public offices.

Moving a motion on the issue, the Chairman, House Committee on Public Accounts, Mr. Kingsley Chinda, observed that there had been non-compliance with Section 14 (1) of the 1999 Constitution in the appointments made by the government.

The House endorsed the motion.

Aufbauh:
They should kotinu with their wanton bill chasing whirlwind.

But one thing am sure of is that before their wanton bill is passed am afraid that Buhari the whirlwind might have purge the judiciary system by then.
After all the bill when passed cannot discontinue existing cases.

kcnwaigbo:

The so called existing cases against judges cleared by the NJC will not see the light of the day.You can take yesterday's NJC communiqué as the position of the supreme court since it is still the members of the NJC that will adjudicate the cases at the supreme court.

Buhari is not interested in fighting corruption in the judiciary, he has been amongst those trying to corrupt the judiciary through corrupt judges like Okon Abang.He is only interested in going after judges who ruled against him or the APC

EternalTruths:
That's a welcome development.

Even the power to appoint Chief Justice of the Federation by the President is not right because it betrays the concept of separation of power and makes the Judiciary a puppet of the Executive arm.

Aufbauh:


Oops! So you're taking the NJC communique to be the position of the constitution, forgetting that most of the judges as council members are appointed by the President who has the power to fire if he so chooses. Anybody can be there tomorrow and has his own interpretation of the law.

Moreover,those your NJC fall my hands big time. I was actually thinking they will recommend Buhari for impeachment or sack DSS DG, but rather they were pledging loyalty and support to the anti corruption war of Buhari...i guess you were disappointed.

EternalTruths:
That's a welcome development.

Even the power to appoint Chief Justice of the Federation by the President is not right because it betrays the concept of separation of power and makes the Judiciary a puppet of the Executive arm.

Aufbauh:


Oops! So you're taking the NJC communique to be the position of the constitution, forgetting that most of the judges as council members are appointed by the President who has the power to fire if he so chooses. Anybody can be there tomorrow and has his own interpretation of the law.

Moreover,those your NJC fall my hands big time. I was actually thinking they will recommend Buhari for impeachment or sack DSS DG, but rather they were pledging loyalty and support to the anti corruption war of Buhari...i guess you were disappointed.

freeze001:


If you understand how the Judiciary works u will realise that ur thoughts or expectations, sarcastic as they may be, are far off the mark. In fact, this communique is not as conservative as is the tradition and it is because of the grave implications of the illegal actions by the Executive through the DSS. Truth is, no one is against fighting corruption but it must be done in line with the law and good practice! You don't burn down a house because of a few pesky rodents.

blackpanda:


Really? Then how about the power of only the CJN to swear the President in?? Is that abuse of seperation of powers too or is the President a puppet of the CJN as well

blackpanda:



And what makes the actions of the DSS illegal? Pls name one single law that they violated Lets not be swept away by eratic emotions. There is no immunity for judges outside the court room!

freeze001:


Swearing an oath must be done either in a court for regular affidavits or before a representative of the court ie the CJN and other judges. That is what gives the oath of office its seal of legality.

kcnwaigbo:

The supreme court judges through the NJC has stated that only the NJC can discipline judges,better tell Buhari that his attempt to control the judiciary under the guise of fighting corruption has failed

blackpanda:


We have gone past the issue of disciplining judicial officers. Corruption, stealing and impersonation are criminal offences which the NJC is incapable of handling. Pls try to get the difference, NJC can only recommend for suspension or dismissal. NJC cannot prosecute a crime!

blackpanda:



And what makes the actions of the DSS illegal? Pls name one single law that they violated Lets not be swept away by eratic emotions. There is no immunity for judges outside the court room!

kcnwaigbo:

Very funny, the NJC is not capable of handling corruption cases yet the EFCC keep bringing corruption suspects to court to be tried by members of the NJC?

It's like you don't really realise what the NJC is? It is the highest decision making body of the judiciary who will still end up trying every case brought by the executive or ordinary citizens!! No matter what the police, EFCC,ICPC,NDLEA,Custom etc does, it will still bring the cases to court to be tried by members of the NJC

blackpanda:


Just like appointments must be made by administrative heads of the organization. That is what gives the appointment ts seal of legality as well. And the President is the administrative head of Government.

freeze001:


There is no immunity but there is rule of law and due process. We are not a lawless banana republic just yet!

First the SSS/DSS has its powers and mandate confined to matters of internal security. The allegations against the judges centre around professional misconduct, alleged solicitation and receipt of bribe in connection with his professional capacity as a judge. If u juxtapose these positions dispassionately, u will find that these alleged offences do not fall within the ambit of the DSS.The judges are not accused of armed robbery, rather there are allegations (according to the purported search warrants that have made the rounds) of falsehood, under declaration of assets and corrupt practices. None of these allegations are independent of their professions. The CCB is responsible for irregular declaration of assets not the DSS. In this case, the law broken is that of the establishment statute of the SSS.

Secondly, in keeping with the principles of democracy and constitutionality, each arm of government has internal regulatory mechanisms related to professional conduct and disciplinary measures. None of the allegations are independent of their professions. Therefore, such allegations must first be brought by way of petition to the NJC constitutionally charged with d role of discipline of judges among others as far as it borders on professional misconduct. If u have read d communique u will find clearly that the DSS never filed petitions against the Supreme Court justices. That against Pindiga was addressed and dismissed because the DSS could not substantiate their allegations. Tsamiya had already been suspended and recommended for a sack same as d former Chief Judge of Enugu. Ademola was already before the NJC by another individual and not the DSS! So, the DSS breached constitutional procedures and that is the law broken.