House of Reps debates bill to remove president's powers to sack erring judges

MEMBERS of the House of Representatives have moved to reduce the power of the president when it comes to the sacking of judges in response to the ongoing furore surrounding the arrest of two Supreme Court justices.

 

Last weekend, Department of State Services (DSS) operatives arrested Supreme Court judges Sylvester Ngwuta and Inyang Okoro after their homes were raided. Their arrest has sparked a huge debate about corrupt within the Nigerian judiciary, with many several more arrests expected but opponents are claiming it is in an attack on the independence of judges.

 

Legal bodies including the National Judicial Council (NJC) and the Nigerian Bar Association (NBA) have been particularly critical of what they see as the undermining of the judiciary. As a result, the House of Representatives has called for the involvement of NJC in the procedure for the removal of head of courts to avoid victimisation by the executive.

 

This recommendation was contained in a bill, entitled 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 NJC  in the procedure for the removal of heads of courts established by the Constitution under Section 6 (5). This bill was tabled by Hon Garba Datti Muhammad, a member of the All Progressives Congress from Kaduna State.

 

Before now, the NJC could only recommend the sacking of an erring judge to the president, but if the bill is eventually passed, the body would be involved in the discipline or removal of such any erring judge. Leading the debate on the bill, which passed second reading on the floor of the House yesterday, Hon Datti said 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.

 

He pointed out that the objective of the bill was to subject judicial personnel serving as heads of courts established under Section 6 (5) of the constitution can be removed only upon the advice of National Judicial Council. Both arrested judges are expected to face prosecution over the coming weeks following their arrest.