The National Judicial Council (NJC) has expressed reservations over a recent House of Representatives bill seeking to empower the Nigerian Bar Association (NBA) to investigate, sanction, and remove corrupt judges.
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The proposed amendment to the 1999 Constitution, passed by the House of Representatives on March 25, 2025, aims to grant the NBA the authority to receive petitions against judicial officers, review their defenses, and take necessary actions.
Reacting to the proposal, NJC’s Deputy Director of Information, Kemi Ogedengbe, questioned its feasibility, citing constitutional constraints and procedural requirements. In an interview, she emphasized that the disciplining of judges is the exclusive responsibility of the NJC, as outlined in the Constitution.
“The constitutional requirements place the discipline of judges in the hands of the NJC, and it doesn’t just come with the NJC—it has procedures that must be followed. If a judge is deemed corrupt, you can’t just make a statement; it must be backed up with evidence.”
“Either the judge is caught in the act or there is substantial evidence against them. Once that happens, the dictates of the Constitution guide the next steps to deal with such a judge,” she added.
Ogedengbe also raised concerns about the practicality of the NBA taking over the responsibility of disciplining judges, warning of possible abuse.
“The question is, who are those corrupting the judges? A crime does not occur in isolation; there are always accessories. Are they members of the public, lawyers, or other professionals? Or are they lawyers themselves?”
She stressed that addressing judicial corruption requires identifying all parties involved rather than singling out judges for disciplinary action.
The NJC official further pointed out that the bill still has several legislative hurdles before it can become law, including approval by the Senate and 36 state Houses of Assembly, as well as public hearings to gather stakeholder input.
“The House of Representatives’ bill will not just end there; it must pass through the Senate and state assemblies. Public hearings will determine if this amendment should stand.”
She concluded by reiterating that constitutional amendments must be carefully scrutinized to ensure they do not undermine due process.
“This is just the beginning of the conversation. Whether this bill can effectively curb corruption remains to be seen. For now, we must adhere to the Constitution, which already provides a framework for disciplining judicial officers through due process.”
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