Nigerian House of Reps passes bill empowering NBA to remove corrupt judges
The House of Representatives in Nigeria has advanced a significant piece of legislation aimed at addressing corruption within the judiciary.
This bill, titled “A Bill for an Act to Provide for the Presumed Resignation from Office of the Chief Justice of Nigeria, Justices, and Judges of Certain Courts in Nigeria, and for Related Matters,” was sponsored by Afam Ogene, a lawmaker representing Ogbaru Federal Constituency in Anambra State.
The bill seeks to amend the 1999 Constitution by empowering the Nigerian Bar Association (NBA) to take action against judicial officers accused of corrupt practices. It passed the second reading on Tuesday.
Empowerment of the NBA
One of the primary features of this bill is that it confers upon the NBA the authority to receive and review petitions against judicial officers who are alleged to be corrupt. This includes considering any defense presented by these officers. If the NBA finds sufficient grounds for concern regarding a judicial officer’s conduct, it can conduct a confidence vote among its members.
Confidence vote mechanism
The proposed legislation stipulates that if two-thirds of NBA members present at their Annual General Meeting or Conference pass a vote of no confidence against a judicial officer, that officer’s position will be effectively terminated. This termination is treated as a presumed resignation from service under Nigerian law.
Amendments to constitutional provisions
To implement these changes, the bill proposes amendments to several sections (231, 238, 250, 256, and 271) of the Nigerian Constitution. These sections pertain specifically to the removal procedures for high-ranking judicial officials such as the Chief Justice of Nigeria, President and Justices of the Court of Appeal, Chief Judge and Judges of the Federal High Court, as well as Chief Judge and Judges of State High Courts.
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This amendment aims to create an alternative mechanism for disciplining judges accused of misconduct or corruption, moving away from reliance on existing bodies like the National Judicial Council (NJC), which has been criticized for its ineffectiveness in curbing corruption within Nigeria’s judiciary.
Rationale behind the bill
Afam Ogene emphasized that this legislative initiative is intended to provide a more effective system for dealing with corrupt judicial officers. He criticized current mechanisms as being inadequate in addressing issues within Nigeria’s court system. The overarching goal is to restore public confidence in the judiciary by ensuring that judges are held accountable for their actions.
