Bill Before House Seeks To Alter Constitution, Transfer Judicial Appointment Powers From NJC To State Governors

The House of Representatives is considering a bill to empower state governors to appoint and remove judges in state High Court, a function presently performed by the National Judicial Council (NJC).

The proposed legislation provides that the appointment and removal of the judges, which shall be based on the advice of the state Judicial Service Commission, shall be subject to the approval of the state House of Assembly.

The bill sponsored by Mohammed El-Rufai, seeks to alter Sections 271( 1) (2) (5); 276(1)(2)(5); 281(1)(2)(5) and third schedule of the 1999 Constitution ( (as amended).

The proposed legislation entitled, “Bill for an Act to alter the constitution of the Federal Republic of Nigeria, 1999,” would among other provisions transfer the powers of the National Judicial Council to appoint or remove judges of state courts to the governor of a state, and amend the third schedule of the constitution of the Federal Republic of Nigeria and for related matters.

The bill proposes that the appointment of a person to the office of the Chief Judge of the High Court of a state shall be made by the governor of the state on the advice of the state Judicial Service Commission subject to the approval of such appointment by the House of Assembly of the State.

“The appointment of a person to the office of a Judge of a High Court of a state shall be made by the governor of the state acting on the recommendation of the state Judicial Service Commission.”

Similarly, the proposed amendment to Section 271 (5) read: “Except with the approval of the House of Assembly of the state, an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment, and the governor shall not re-appoint a person whose appointment has lapsed.”

Also, the proposed amendment to Section 276 (1) states that “the appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of a state shall be made by the governor of the state on the advice of the state Judicial Service Commission subject to the approval of such appointment by a simple majority of the House of Assembly.

“The appointment of a person to the office of a Kadi of the Sharia Court of Appeal of a state shall be made by the governor of the state on the recommendation of the state Judicial Service Commission.

“Except with the approval of the House of Assembly of the state, an appointment pursuant to subsection (4) of this section, shall cease to have effect after the expiration of three months from the date of such appointment, and the governor shall not re-appoint a person whose appointment has lapsed.”

The bill also seeks to alter Section 281 (1)(2)(5) thus: “The appointment of a person to the office of President of a Customary Court of Appeal shall be made by the governor of the state on the advice of the state Judicial Service Commission subject to approval of such appointment by a simple majority of the House of Assembly of the state.

“The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the governor of the state acting on the recommendation of the state Judicial Service Commission.

“Except with the approval of the House of Assembly of the state, an appointment pursuant to subsection (4) of this section, shall cease to have effect after the expiration of three months from the date of such appointment, and the governor shall not re-appoint a person whose appointment has lapsed.”

The proposed legislation, which was read in the House for the first time on July 6, 2023, is awaiting second reading.