House Bill Seeks To Protect Judicial Officers From Unlawful Prosecution

The Nigerian House of Representatives has taken a significant step toward strengthening judicial independence by advancing a bill that aims to prevent the prosecution of judicial officers unless they have been lawfully removed from office.

Sponsored by Rep. Solomon Bob (PDP-Rivers), the bill proposes key amendments to the Code of Conduct Bureau and Tribunal Act, specifically targeting Sections 20 and 24 of the existing law. The proposed amendments were introduced in the House on April 30, 2024, and have now passed the second reading.

Key Provisions of the Proposed Amendment

The bill primarily seeks to protect judicial officers from arbitrary prosecution and removal, reinforcing the constitutional separation of powers among the legislative, executive, and judicial arms of government. Here are the main aspects of the amendment:

Elevating the Code of Conduct Tribunal to a superior court of record with exclusive jurisdiction over cases concerning judicial officers.
Introducing new subsections (5 and 6) in Section 24 to ensure that judicial officers cannot face legal action before the Code of Conduct Tribunal unless they have been lawfully removed under Section 292(1) of the Nigerian Constitution.
Restricting the tribunal from handling cases that violate the prescribed removal process for judicial officers.

Why This Bill Matters for the Judiciary

Rep. Bob emphasized the importance of safeguarding the judiciary from undue political influence, stating that the removal process for judicial officers is clearly outlined in Section 292(1) of the Nigerian Constitution. According to this provision, judicial officers can only be removed due to:

Incapacity
Misconduct
Violation of the Code of Conduct

Additionally, removal must be based on recommendations from the National Judicial Council (NJC) or through a formal address by the legislature.

Bob stressed that strict adherence to these constitutional provisions is crucial to maintaining the sanctity of judicial offices and ensuring that judges can perform their duties without fear of victimization or political interference.

Enhancing Rule of Law and Democracy

The proposed amendment is expected to strengthen the rule of law and reinforce judicial independence, ultimately contributing to a more stable democracy in Nigeria. Bob called on his fellow lawmakers to support the bill, arguing that it will:

Prevent undue political interference in judicial matters.
Ensure due process in the removal and prosecution of judicial officers.
Uphold the constitutional principle of separation of powers.

Next Steps for the Bill

With the bill now moving to the committee stage, further deliberations will take place to fine-tune its provisions before a final vote. If passed into law, this amendment will provide greater legal protection for judicial officers, ensuring that they can execute their duties without intimidation or the threat of unjust prosecution.

For more insights into Nigeria’s legal system and judicial reforms, visit Premium Times for expert analysis and updates.