1. APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS
2. DISCIPLINE OF LEGAL PRACTITIONERS
APPOINTMENT OF JUDICIAL OFFICERS
•Meaning of Judicial officers >
–Judges and Kadis of superior courts of record
•Qualification for Appointment >
–1. FHC, and HC - FCT & States >
•10 years post call
–2. National Industrial Court >
•10 years post call plus
–knowledge and experience of in the practice of labour law/matters–3.SCA - FCT & States – (Kadis) >
•(a) Lawyer >
–10 years and Qualification in Islamic Law
•(b) non lawyer >
–Islamic law qualification for 10/12 years respectively for SCA of states and FCT
–4. CCA - FCT & States –
•(a) lawyer >
–10 years post call and knowledge and experience in customary law practice
•(b) non lawyer >
–Adequate knowledge and experience in customary law practice
5. Court of Appeal ––12 years post call
•6. Supreme Court of Nigeria –
–15 years post call
PROCEDURE FOR APPOINTMENT
–Guidelines for appointment of Judicial Officers >• Revised NJC Guidelines and Procedural Rules 2014
PROC. FOR APPOINTMENT CONT.
•The steps are >
•1. Notice of intention to appoint specific no. of judges is sent by >
–Chairman of SJSC to Governor or Chairman of JSC of FCT/Head of the Federal court to CJN/Chairman of NJC/Chairman of FJSC and copy to the Secretary of NJC
PROC.FOR APPOINTMENT CONT.
•2. Calls for expression of interest from, and request for nomination of suitable candidates
•3. Making and circulation of Provisional short list of candidates and request for comments
•4. Places provisional shortlist for approval
•6. Tabling of a memorandum on each shortlisted candidate for consideration with attached documents
•7. Decision on candidates to recommend to NJC
•8. Recommendation of candidates to NJC via memorandum
•9. Placement of the Memorandum on the agenda for next NJC meeting
•10. Conduct of interview for the shortlisted candidates
•11. Recommendation of successful candidates for appointment to the Governor or President
•12. Appointment of Judicial Officer by Governor/President and ratification by State House of Assembly/Senate
DISCIPLINE OF JUDICIAL OFFICERS
•Body responsible >
–NJC takes disciplinary actions against Judicial Officers > Paragraph 21, 3rd Sch. CFRN
GROUNDS FOR REMOVAL/ DISCIPLINING OF JUDICIAL OFFICER
•1. Misconduct
•2. Breach of Code of Conduct
•3. Inability to discharge his functions due to infirmity of mind or body
DISCIPLINARY ACTIONS THAT CAN BE METTED TO JUDICIAL OFFICERS
•They are:
–Warning
–Suspension
–Compulsory retirement and
–Recommendation for dismissal from office
PROCEDURE FOR DISCIPLINING AND REMOVAL OF JUDICIAL OFFICER
•Judicial Officer not to be removed from office before retirement, except as permitted by the Constitution > S. 292(1) CFRN
–1. Complaints are sent to the NJC headed by the CJN
•Accompanied by a verifying affidavit
–2. NJC sets up a committee to investigate the allegation
–3. The Judicial Officer concerned is:
•notified of the allegation in writing
•afforded reasonable time to react to the allegation
– 4. If allegation is proved, NJC would take the appropriate disciplinary action
–5. If NJC recommends removal, Governor/President would remove the Judicial Officer from office–6. If Judicial Officer is head of any court, two third majority vote of House of Assembly or senate would be required to remove the Judicial officer
DISCIPLINE OF LAWYERS
INTRODUCTION
•A lawyer should observe a high standard of professional conduct
•A lawyer shall not engage in any conduct which is unbecoming of a legal practitioner
•See R. 1 of RPC, 2007
BODIES SADDLED WITH RESPONSIBILTY TO DISCIPLINE
•1. Legal Practitioners Disciplinary Committee > S.11 LPA
•2. Supreme Court > S. 13(1) LPA
•3. The Chief Justice of Nigeria > S. 13(2) LPA
OFFENCES THAT CAN BE PUNISHED
•Four, to wit: S. 12 (1) (a) – (c) LPA
–Infamous conduct in a professional respect
–Conviction by any Court in Nigeria for offences incompatible with the status of a legal practitioner
–Obtaining enrolment by fraud
–Conduct incompatible with the status of a legal practitioner
INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT
•Meaning :
–A serious infraction of acceptable standard of behaviour or ethics of the profession > M.D.P.T v. Okonkwo (2001) 7 NWLR (Pt. 711) 206
–Act or omission, which in the opinion of the LPDC is such that will bring the profession into disrepute > NBA v. Mabawonku (2013) 15 NWLR (Pt. 1378) 603 LPDC
CONVICTION FOR OFFENCE INCOMPATIBLE WITH STATUS OF A LEGAL PRACTITITIONER
•Conditions:
–Offence committed is incompatible with the status or position of a legal practitioner
–Lawyer is tried by court with jurisdiction to try the offence in Nigeria and convicted
OBTAINING ENROLMENT BY FRAUD
•To be enrolled, these conditions must be met > Ss. 4 & 7 LPA
–Nigerian citizenship (no longer essential)
–Possession of qualifying certificate from the Nigerian Law School
–Good character
CONDUCT INCOMPATIBLE WITH THE STATUS OF LEGAL PRACTITIONERS
•Misconduct that does not fall within infamous conduct but brings disrepute or dishonour to the legal profession
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PROCEDURE FOR ENFORCEMENT
•1. Originating Application accompanied with relevant documents is sent to any of :
–a). Chief Justice of Nigeria
–b). Attorney General of Federation
–c). President of Court of Appeal/ Presiding Judge of Court of Appeal
PROCEDURE FOR ENFORCEMENT CONT.
–d). The Chairman, Body of Benchers
–e). The President, Nigerian Bar Association or Chairman of a State Branch
–F). Legal Practitioners Disciplinary Committee
PROCEDURE FOR ENFORCEMENT CONT.
•2. The person that receives the Application shall forward it to the LPDC
•3. Application is initially considered by ICM
PROCEDURE FOR ENFORCEMENT CONT.
•4. If finding of a case to answer is not made, Panel may dismiss the application.
•5. If finding of a case to answer is made, Secretary of LPDC would serve a copy of the documents filed on the Respondent/s
PROCEDURE FOR ENFORCEMENT CONT.
•6. Secretary of LPDC shall:
– fix date for hearing and
–serve notice on the legal practitioner concerned and other parties
•7. Hearing of the complaint
•8. Parties may submit their written final addresses to the LPDC
PROCEDURE FOR ENFORCEMENT CONT.
•9. LPDC gives its direction, dismissing the complaint or punishing the legal practitioner
•10. Directions of the LPDC are gazetted
PUNISHMENT FOR PROFESSIONAL MISCONDUCT
•Four types of punishment
–Strike off that lawyer’s name from the roll of legal practitioners kept by the Chief Registrar
–Suspending the lawyer from practicing law for specified period
PUNISHMENT CONT.
–Admonition or caution the lawyer
–Order the lawyer to refund money or hand over documents in his possession
APPEALS
•Currently, appeal from the decision of the LPDC goes to the Supreme Court
•Appeal to be filed not later than 28 days from the date a copy of the decision of LPDC is served on the lawyer
RESTORATION OF NAME/ CANCELLATION OF SUSPENSION
•Application for restoration of name or cancellation of suspension shall be made to Supreme Court or LPDC
CONDITIONS FOR RESTORATION OR CANCELLATION
•Three factors to consider are:
–Gravity of the offence necessitating the striking off or suspension
–Sufficient evidence of genuine remorse by applicant for the period between striking off/suspension and application
CONDITIONS CONT.
–Whether the applicant has in the intervening years become fit and proper to be reincorporated as a member of the legal profession
DISCIPLINARY JURISDICTION OF THE SUPREME COURT
•Supreme court has original disciplinary jurisdiction over lawyers where there is a pending and a professional misconduct is committed by the lawyer
DISCIPLINARY JURISDICTION OF THE CHIEF JUSTICE OF NIGERIA
•The Chief Justice of Nigeria has original jurisdiction to punish lawyer for professional misconduct
•See S. 13(2) LPA
APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS
INTRODUCTION:
•Judicial officers in Nigeria are Judges who preside over superior courts of record.
•They include Justices of the SC, COA, Judges of the FHC, HC of the FCT, State HC, NIC, Kadi of the SCOA of the FCT & states, Judges of the CCOA of the FCT & states.
•The appointment, removal & other disciplinary measures relating to persons occupying these offices are regulated by law including the CFRN 1999
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APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS
SUPERIOR COURTS OF RECORDS IN NIGERIA:
•Superior courts of record which are manned by Judicial Officers include the SHC, FHC, HC of FCT, the COA, the SC, SCOA, CCOA, NIC, & any other Court that may be designated as superior court of record by the NASS. S. 318(1) CFRN 1999 regards Judges & Justices of these courts as Judicial Officers.
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QUALIFICATION FOR APPOINTMENT OF JUDICIAL OFFICERS•Appointment of the Judicial Officers sitting in both Federal & State courts, is regulated by the CFRN 1999.
•The qualification for appointment of these Judicial Officers vary depending on the court for which the appointment is to be made
i.Judge of a HC:
•He is a lawyer that must have been called to the Bar for not less than 10yrs before He may be qualified for appointment as a judge of this court. SS. 250 (3) (FHC), 256 (3) (FCT & HC), 271 (3) & SHC CFRN
ii.The Judge of SCOA:
•Where a LP is to be appointed a Kadi, He must have been called to the Bar for not less than 10yrs SS. 261 (3) (a), 276 (3) (a) CFRN
•A person who is not a LP may also be appointed a Kadi of this Court (FCT) or a state where such a person has a recognized qualification in Islamic law from an institution recognized by NJC and has been so qualified for a period of not less than 10yrs. S. 261 (3) (b) CFRN
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QUALIFICATION FOR APPOINTMENT OF JUDICIAL OFFICERS (CONTS.)
i.Judge of CCOA:
•A person for appointment as a judge of this court must be a LP of not less than 10yrs post-call to the Bar & must possess considerable knowledge and experience in the practice of customary law. SS. 266 (3) (a) & 276 (3) (b) CFRN.
• A person who is not a LP may also be appointed a judge of this Court (FCT) or a state where such a person has a recognized qualification in Customary law & practice from an institution recognized by NJC and has been so qualified for a period of not less than 10yrs. SS. 266 (3) (b), 281 (3) (b) CFRN.
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QUALIFICATION FOR APPOINTMENT OF JUDICIAL OFFICERS (CONTS.)i.Judge of NIC:
•To be appointed as a judge of this court, He must be a LP of not less than 10yrs post-call & in addition, should be one with considerable knowledge & experience in the Law & practice of industrial relations & employment conditions in Nigeria. S. 254B (3) & (4) CFRN (Third Alteration) Act, 2010.
ii.Justice COA:
•A justice of COA must have qualified as a LP in Nigeria for a period of not less than 12yrs post-call. S. 238 (3) CFRN
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QUALIFICATION FOR APPOINTMENT OF JUDICIAL OFFICERS (CONTS.)
i.Justice of the SC:
•SC justices must have been qualified to practice as a LP in Nigeria for a period of not less than 15yrs. S. 231 (3) CFRN
•Note: No LP may however be qualified for appointment as a judicial officer while he is a member of the NJC, FJSC, SJSC or JSC of the FCT. S. 231 (3) CFRN
➢Such disqualification remains in force until after 3yrs from the date he ceased to be a member of any of these bodies. S. 289 CFRN
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS
1.The Federal Judicial Service Commission (FJSC):
•Advice the NJC on nomination of persons for appointment to the office of Judicial Offices of the Federal Courts of Records E.g. CJN/JSC, President & justices of COA, CJ & judges of FHC, President & Judges of NIC, Chairman & members of CCT
Membership of FJSC: These include the CJN (Chairman), President COA, AGF, CJ of FCT, President of NIC, 2 persons who are LP of over 15yrs standing recommended by the NBA & 2 persons, not being LP, who in the opinion of the President, are of unquestionable character.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (CONTS.)
1.The National Judicial Council (NJC):
•This Council has power to recommend to the President from among the list of persons submitted to it by – The FJSC, Persons for appointment to the offices of the Head and Judges of all the Federal Courts of Records.
•Recommend to the President, the removal from office of the Judicial Officers of all the Federal Courts of Records & to exercise disciplinary control over such officers.
•Recommend to the Governors of states from among the list of persons submitted to it by the state JSC, persons for appointment of Judges to the Offices of all states courts of records & to exercise disciplinary control over such officers.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (NJC CONTS.)
•Recommend to the Governors the removal from the office of the judicial officers of states courts of records & to exercise disciplinary control over such officers.
•To collect, control & disburse all monies, capital & recurrent, for the judiciary.
•To advice the President & Governors on any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors.
•To appoint, dismiss & exercise disciplinary control over members & staff of the Council.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (NJC CONTS.)
Membership of the NJC:
This Council is comprised of: The CJN (Chairman), The next most Senior Justice of the SC (D/ Chairman), President of the COA, 5 retired Justices selected by the CJN from the SC & COA, CJ of FHC, President of NIC, 5 judges of states appointed by the CJN, 1 G/ Kadi of the SCOA to be appointed by the CJN, 1 President of the CCOA to be appointed by the CJN, 5 members of the NBA who are not less than 15yrs post-call, at least 1 of whom shall be an SAN, appointed by the CJN on the recommendation of the NBA, EC & 2 persons not being LP, who in the opinion of the CJN are of unquestionable character.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (CONTS.)
1.The Judicial Service Committee (JSC) of the FCT:
•This committee has the power to recommend to the NJC suitable persons for nomination for appointment to the office of – The CJ of the FCT, A Judge of the FCT HC, The G/Kadi of the SCOA of the FCT, The President of the CCOA of the FCT, A Kadi of the SCOA of the FCT & a Judge of the CCOA of the FCT.
•To recommend to the NJC the removal from office of the herein stated Judicial Officers.
•To appoint, promote & exercise disciplinary control over all FCT Judiciary workers E.g. The CR, Magistrates etc.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (CONTS.)
Membership of the JSC of FCT:
The members of the committee are: The CJ of the FCT, The AGF, The G/Kadi of the SCOA of the FCT, The President of the CCOA of the FCT, 1 person who is a LP of at least 10yrs post-call & 1 other person not being a LP, who in the opinion of the President is of unquestionable integrity.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (CONTS.)
1.State Judicial Service Commission (SJSC:
•This Commission has power to: Advise the NJC on suitable persons for nomination to the office of – The CJ of the State, The G/Kadi of the SCOA of the state (if any), the President of the CCOA of the state (if any) & Judges of the HC of the state, Kadis of the SCOA of the state (if any), Judges of the CCOA of the state (if any).
•Subject to the provisions of the Constitution, to recommend to the NJC, the removal from the Office of Judicial Officers of the state.
•To appoint, dismiss & exercise disciplinary control over all other state’s judiciary workers.
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (CONTS.)
1.The President of Nigeria:
•The justices of the SC including the CJN are appointed by the President of Nigeria on the recommendation of the NJC subject to confirmation by the Senate. S. 231 (1) & (2) CFRN
•The President & Justices of the COA are appointed by the President on the recommendation of the NJC & subject to confirmation by the Senate. S. 238 (1) & (2) CFRN
•The CJ of the FHC & other Judges of the Court are appointed by the President on the recommendation of the NJC subject to confirmation of only that of the CJ by the Senate. SS. 250 (1) (2), 256 (1) CFRN
•The President of the NIC & other Judges of the Court are appointed by the President on the recommendation of the NJC, but only the appointment of that of the President is subject to confirmation by the Senate. S. 254B (1) & (2) CFRN (3rd Alteration) Act, 2010.
•The G/Kadi & Kadis of the SCOA of the FCT are appointed by the President on the recommendation of the NJC but only that of the G/Kadi is subject to confirmation by the Senate & the President of the CCOA of the FCT & other Judges of the Court are appointed by the President on the recommendation of the NJC, subject to the confirmation of the Senate of that of the President only. SS. 261 (1) & (2), 266 (1) (2) CFRN
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APPOINTING AUTHORITY FOR JUDICIAL OFFICERS (CONTS.)
1.The Governor of a State:
•The CJ & other Judges of the HC of a state are appointed by the Governor of the State on the recommendation of the NJC but only the appointment of the CJ must be confirmed by the House of Assembly of such State. S. 271 (1) (2) CFRN
•The G/Kadi & other Kadis of SCOA of a state are appointed by the Governor on the recommendation of the NJC but only the appointment of the G/Kadi shall however be confirmed by the House of Assembly of the State. S. 276 (1) (2) CFRN
•The President of the CCOA of a state & other Judges of the Court are appointed by the Governor on the recommendation of the NJC but only the appointment of the President must be confirmed by the House of Assembly of the State. S. 281 (1) (2) CFRN
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PROCEDURE FOR APPOINTMENT OF JUDICIAL OFFICERS
•Judicial Officers, both at the Federal & State levels are recommended for appointment by the NJC.
•In most cases, the most Senior Serving Judicial Officer of the Court in question is appointed by the appropriate authority to fill a vacancy, where there is any, but such Judicial Officer shall however not occupy such office for a period of more than 3 months.
•The appointment of other Judicial Officers, other than the heads of the Courts is usually set in motion by the JSC of the Federation, JSC of the FCT or JSC of the States depending on the particular court affected.
•The Executive branch of the Government headed by the President & Governors for the Federal & State Govts respectively, determines the number of judicial officers they need to appoint for the respective Courts & appointment is made accordingly following due process.
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DISCIPLINE OF JUDICIAL OFFICERS
•A Judicial Officer who has been found guilty of any misconduct in the discharge of his functions may be disciplined by the appropriate body.
•Such disciplinary action may include removal from Office, suspension from office or any other type of sanctions considered by the disciplinary body as appropriate for the misconduct committed depending on the gravity of the misconduct.
•Note: That the bodies mentioned above responsible for the appointment of Judicial Officers also have powers to discipline such Judicial Officers, which they have power to appoint
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a)REMOVAL FROM OFFICE
•Generally, a Judicial Officer shall not be removed from Office before the date of his retirement except as permitted by the Constitution – S. 292(1) CFRN 1999. The CJN, President of COA, CJ of FHC & FCT HC, the President of NIC, the G/Kadi of the SCOA (FCT) & the President of the CCOA (FCT) as the heads of the Federal Courts, may be removed from Office before their retirement by the President acting on a motion supported by 2/3 majority of the Senate.
•The Governor of a State may remove any of the heads of the State’s Court based on a motion or address supported by 2/3 majority of the House of Assembly of the State.
•Also the Judicial Officers mentioned above herein may not be removed from office by the President or the Governor as the case may be except on the recommendation of the Senate or a SHOA as the case may be & except also on the recommendation of the NJC.
•All other Judicial Officers both at Federal &State Courts other than those mentioned heads of Courts of records above, may be removed by the President or the Governor acting only on the recommendation of the NJC without the requirement of the 2/3 majority of either the Senate or a SHOA
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a)REMOVAL FROM OFFICE (CONTS.)
•There has been controversy surrounding the procedure for the removal of the heads of Courts mentioned in S. 292 (1) (a) CFRN 1999. This controversy is as to whether the removal of the heads of the Federal & State Courts should be made pursuant to investigation of allegation against such Heads of Court by the NJC before their removal?
•A cursory look at the provisions of S. 292 (1) CFRN 1999 may lead to the hasty conclusion that only Judicial Officers stated in sub-section (1) (b) of the section of the Constitution are entitled to the recommendation of the NJC before they may be removed from Office by either the President or the Governor as the case may be, while those under sub-section (1) (a) do not enjoy such privilege.
•The interpretation often preferred by those Governors was that the power of investigation & recommendation for the removal of their CJ reside in the HOA of the State & not the NJC. See Erelu-Habee v NJC. Where the SC held that the HOA has no Constitutional power to exercise any form of disciplinary control over the CJ of Kwara State without the prior recommendation of the NJC
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a)REMOVAL FROM OFFICE (CONTS.)
•In reality therefore, there is ambiguity created by S.292 (1) CFRN 1999 but S. 292 (1) (a) when interpreted along with other provisions of the Constitution particularly S. 292 (1) (a) & (b) & in particular para. 21 of the 3rd schedule to the 1999 Constitution, the inescapable conclusion would be that the NJC has the exclusive power to receive complaints against all Judicial Officers in Nigeria, investigate the complaints & make recommendations to the President of Nigeria or Governor of a State as the case may be, on whether or not to remove any such Judicial Officer from Office.
•The Senate or the HOA as the case may be, may only confirm such removal after & in addition to the recommendation of the NJC. This is the holding of the SC in Erelu-Habeeb v NJC.
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a)REMOVAL FROM OFFICE (CONTS.)
Grounds For Removal of Judicial Officers:
i.Misconduct:
•This may include abuse of Office, recklessness in the use of judicial powers etc.
•Such misconduct may also include: Corruption, abuse of office, conviction for a criminal offence, drunkenness etc.
•The misconduct includes the acts or omission of a Judicial Officer in His private life which are such as to erode public confidence in him as a Judicial Officer. See A.G. Cross River State of Nigeria v Esin where the COA came to the conclusion that the actions of the respondent contained in the letters He wrote to the Principal of a School & a superior officer at His wife’s place of work, did not constitute misconduct capable of justifying his removal from Office as a Judicial Officer
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a)REMOVAL FROM OFFICE (CONTS.)
Grounds For Removal of Judicial Officers (CONTS.):
i.Breach of Code of Conduct:
•The Code of Conduct regulates the conduct of all public officers in the Country including Judicial Officers. Such breach may include failure to declare his assets, false statement in the declaration, involvement in private business personally.
• There is also the Code of Conduct for Judicial Officers in Nigeria which regulate the official activities of all Judicial Officers in Nigeria
•The Code of Conduct for Judicial Officers/ workers applies to all Judicial Officers in Nigeria as well as the Holders of every other Judicial Officer of any inferior court whatsoever in Nigeria.
•By this Code, a Judicial Officer should, while trying a case, abide by the Constitution of Nigeria, statutes & other laws.
•A Judicial Officer should not encourage communication with a party to a case before him in the absence of or without notice to the other party.
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a)REMOVAL FROM OFFICE (CONTS.)
Grounds For Removal of Judicial Officers (CONTS.):
i.Breach of Code of Conduct (CONTS.):
•A Judicial Officer should dispose of the daily business of the Court promptly by being punctual in Court unless he is unable to do so for genuine reasons.
•He should not comment on a pending or impending case in any court, except for purpose of giving information in the course of his official duties or explanations of the procedure of the court.
•He should also maintain professional secrecy in respect of confidential information obtained in the course of his duties except one he obtained in public proceedings.
•A judicial Officer should prohibit any form of prublicity, broadcasting or photographing in the court room & adjacent areas during proceedings.
•In the performance of his administrative duties, a Judicial Officer should be diligent & should maintain professional competence.
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a)REMOVAL FROM OFFICE (CONTS.)
Grounds For Removal of Judicial Officers (CONTS.):
i.Breach of Code of Conduct (CONTS.):
•He should treat everybody fairly and should not engage in any sexual harassment. He should neither award contracts nor be a member of a tender board.
•Where the impartiality of a Judicial Officer may likely be questioned, He should disqualify himself from the proceedings E.g. where he acted as a lawyer in the matter before his appointment, he has bias or prejudice concerning a party in the case etc.
•A Judicial Officer should not allow his extra judicial activities to conflict with His Judicial duties.
•A Judicial Officer should not take or accept any Chieftaincy title while in office.
•He should not serve as an executor, trustee, administrator, guardian, or other fiduciary except for a member of his family; Provided that such role would not interfere with His duties as a Judicial Officer
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a)REMOVAL FROM OFFICE (CONTS.)
Grounds For Removal of Judicial Officers (CONTS.):
i.Breach of Code of Conduct (CONTS.):
•A Juridical Officer may own properties and other investments, provided that he should not participate as an officer, director, manager, adviser, or employee of the business entity.
•A Judicial Officer and members of his family should neither ask for or accept gifts, bequest, favour or loan on account of anything done or omitted to be done by him in the discharge of his office assignment.
•He should not practice law or act as an arbitrator. Any breach of the Code may lead to an appropriate sanction against the Judicial Officer.
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a)REMOVAL FROM OFFICE (CONTS.)
Grounds For Removal of Judicial Officers (CONTS.):
i.Inability to discharge the functions of his Office due to infirmity of the mind or the body
•This may include insanity, physical disability or any other form of ailment which may prevent the Judicial Officer from discharging the functions of his office
•Note: That the person who has held Office as a Judicial Officer, shall not, on ceasing to be a Judicial Officer, appear or act as a legal practitioner in any court or tribunal in Nigeria – S. 292 (2) CFRN 1999.
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a)DISCIPLINARY CONTROL OTHER THAN REMOVAL FROM OFFICE
•A Judicial Officer may be disciplined by the NJC for any misconduct committed in the exercise of his judicial functions.
•The disciplinary control exercised over Judicial Officers by the NJC does not include removal of such officers from office. In other words, the NJC cannot remove a Judicial Officer from office, it can only recommend such removal
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PROCEDURE FOR DISCIPLINE OF JUDICIAL OFFICERS:
•Complaints against Judicial Officers are usually sent to the NJC which is headed by the CJN
•The NJC sets up a committee to investigate the allegations.
•The Judicial Officer involved is notified in writing of the allegations & is afforded reasonable time to react to the allegation.
•Where the allegation is proved against the Judicial Officer, the NJC shall recommend to the President or Governor as the case may be, such Judicial Officer for removal.
•Where such Judicial Officer is the head of any court E.g. (The CJN or a SCJ) the President or the Governor as the case may be may not remove him except on the address of the Senate or the HOA with the 2/3 majority votes of numbers
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CLASS EXERCISE
a)Justice Okon Bolagi as the FCT HC CJ is involved & arrested by the AMAC while running his business of pool betting, Hotel & Haulage services centre at No. 10 Wuse II, Abuj. Discuss how He may be disciplined and on what ground.
b)Assuming Justice Okon Bolagi is the CJ of Kebbi State, will your answer be different from (A) above?
c)Assuming Justice Okon is the President of the COA, will your answer here be different from (A) above?
d)Assuming the NJC investigates the case against Justice Okon in (a) above & dismissed him. Comment on the propriety or otherwise of the NJC action.
e)The types of discipline for Judicial Officers generally in Nigeria.
Make a Checklist of the following:
vi.Who are Judicial Officers in Nigeria?
vii.The appointing authorities for Judicial Officers in Nigeria
viii.The Federal Courts of Records.
ix.The States Courts of Records.
x.Grounds for removal of Judicial Officers
xi.The procedure for discipline of Judicial Officers who are not heads of Court.
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