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The House of Representatives has initiated steps to protect judicial officers in the country from illegal and unlawful removal from office by an executive fiat.
The House, during plenary on Thursday, passed for a second reading “A Bill for an Act to amend the Code of Conduct Bureau and Tribunal Act to insulate judicial officers from prosecution before being lawfully removed from office and for related matters,” sponsored by Rivers lawmaker, Mr Solomon Bob.
Leading the debate on the general principle of the bill, Bob, who represents Aboada East/Abua/Odual Federal Constituency, said the proposed legislation seeks to amend Sections 20 and 24 of the Principal Act.
“The amendment is intended to protect judicial officers from arbitrary prosecution and removal from office,” Bob said.
He stated, “Section 20 of the Principal Act, which creates the Code of Conduct Tribunal, is proposed to be amended by adding the words which shall be a superior court of record with exclusive jurisdiction to try offences under this Act.
“Section 24 is sought to be amended by the addition of subsections 5 and 6 to the existing subsections. The additional subsections sought to be added by this amendment read thus:
“(5)Nothing in this Act shall permit the commencement of any action against a judicial officer before the tribunal unless such judicial officer has been validly removed from office under Section 292(1) of the Constitution.
“(6)Any action seeking to prosecute any judicial officer in contravention of sub-section (5) of this section shall not be entertained by the tribunal.”
The lawmaker noted that the 1999 Constitution (as amended) has made very clear provisions for the removal of elected officials, including judicial officers, stressing that “the obvious intention is to obviate the threat of arbitrary removal from office, thereby safeguarding the sanctity of the office and affording the office holders the necessary leeway to discharge the functions of their office without fear of being victimised.”
He said, “For judicial officers, the procedure or process for their removal from office is as enunciated in Section 292 of the Constitution of the Federal Republic of Nigeria, 1999. Section 292(1) requires that the removal of a Head of Court by the President or the Governor, as the case may be, must be upon an address by the relevant Legislative House.
“And in any other case (i.e., judicial officers other than Heads of Court) by the President or Governor, as the case may be, acting on the recommendation of the National Judicial Council. It is pertinent to note that in both cases, the bases of such removal are incapacity (whether arising from infirmity of mind or body), misconduct or contravention of the code of conduct.”
Several lawmakers backed the bill, citing past incidents where judges were removed without due process.
The member representing Nnewi North/Nnewi South/Ekwusigo Federal Constituency, Imo State, Mr Clement Uchenna, pleaded with his colleagues to support the motion, saying, “We must do everything to protect the judiciary. We saw what happened to our former CJN. Even though he was later exonerated, he was not restated to office. We must protect our judicial officers from these shenanigans.”
Similarly, Patrick Umoh (APC, Akwa Ibom) agreed with his Imo State counterpart, noting that “judicial officers should be allowed to work without distractions. They should be excluded from trial at the Code of Conduct Tribunal.”
Making the same argument, the member representing Jibia Kaita Federal Constituency, Katsina State, Sada Soli, said the provision of Section 292 of the Constitution is clear.
In a veiled reference to the intrigues that cost former Chief Justice of Nigeria, Walter Onnoghen, his job, Soli called for a legislative will to right the wrongs of the past, saying, “We remember when a judicial officer was taken to the tribunal without a word from the National Judicial Council, which recommended his appointment in the first place.
“The law says that before a judicial officer is removed from office, the NJC must have a say. As it is, the role of the NJC is being usurped by the executive arm.”
However, Kalejaiye Paul (APC, Lagos) urged his colleagues to exercise restraint, saying, “Let us not pass a bill that will be inconsistent with the constitution of Nigeria. We all know the reason the Code of Conduct Tribunal was established. We can protect judicial officers without insulating them.”
Following the adoption of the motion via a voice vote administered by the Deputy Speaker, Benjamin Kalu, who presided over the plenary, the proposed legislation was referred to the House Committees on Anti-Corruption and Justice for further legislative action.
