*As 100 Petitions Against Judicial Officers Currently Under Consideration
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From next year, errant judges in the Nigerian judicial system may face more severe consequences than before as the National Judicial Council (NJC) inches towards a new firing procedure that will see indicted judges dismissed outright instead of being suspended multiple times.
The Justice Kudirat Kekere-Ekun-led council, according to a reliable source, is close to adopting a reframing of the sanctioning procedure for indicted judicial officers.
In the proposed new rule, instead of suspending indicted judges multiple times, those caught in serial misconducts will now be dismissed outright from the Bench.
A top source who spoke with Sunday Tribune not TheNigerialawyer disclosed that unlike before when an errant judge could be suspended twice and still return to duty, a second (depending on the gravity of the offence) or third suspension for misconduct will now attract outright dismissal.
It was learnt that the harsher penalty is contained in a new set of reforms the Kekere-Ekun leadership is prepping for release soon.
The development is said to be creating excitement in the justice sector as the Chairman of the Council and Chief Justice of Nigeria pushes for greater accountability and transparency.
However, the move is also reportedly creating jitters among judges, especially those with multiple petitions against them before the council.
Our correspondent gathered that close to 100 petitions against judicial officers are currently being considered by the council, with the preliminary process being handled by its Preliminary Complaints Assessment Committee (PCAC).
Three sets of PCAC are simultaneously running, labelled as A, B and C and each with four members.
The committees are statutorily headed by retired justices of the Supreme Court, though one of them is currently being led by a retired justice of the Court of Appeal, A.B. Yahaya.
The other two sets are headed by Justices Mary Odili and Bode Rhodes-Vivour, both retired justices of the apex court.
It was learnt that each of the sets is handling more than 30 petitions, bringing the total close to 100.
The second layer of the probe will involve trial panels set up by the council once the preliminary investigation establishes prima facie case against the accused judges.
Our correspondent gathered that, in recent times, Kekere-Ekun and her team have chosen the path of upward review of punitive measures recommended by trial panels.
“In some cases, a panel, after finding the accused judge guilty, may recommend maybe six months suspension from duty, only for the council to review it up to two years,” a top source revealed.
“But that era of multiple suspensions is now coming to an end once the council adopts the new sanction rule likely next year because there is no council meeting again this year.
“Those judges who misconduct themselves because they think they can always return to the Bench after suspension may be unpleasantly surprised.
“This CJN means business but not the usual kind of business,” the top source volunteered.
When contacted, the council’s spokesperson, Kemi Ogedengbe, would not confirm or deny the development.
She simply said: “Every lawful path will be taken to rid judiciary of the few bad eggs, casting shadow of blanket impropriety on the hardworking judicial officers and administrative staff of the sector. This leadership is poised to change the narrative.”
The proposed reforms represent a significant shift in the NJC’s approach to judicial discipline and accountability.
Under the current system, judges found guilty of misconduct can be suspended multiple times and still return to the Bench, a practice that critics say undermines public confidence in the judiciary and fails to adequately deter misconduct.
The new rule signals a zero-tolerance approach to judicial misconduct and sends a strong message that serial offenders will no longer be tolerated within the system.
With close to 100 petitions currently under consideration, the adoption of the new rule could have immediate and far-reaching consequences for judges with multiple allegations against them.
Those who have previously been suspended and are facing fresh allegations may find themselves facing outright dismissal rather than another temporary suspension.
Since assuming office as Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun has demonstrated a commitment to cleaning up the judiciary and restoring public confidence in the institution.
The proposed reforms are part of a broader agenda to enhance accountability, transparency, and professionalism within the judicial system.
However, the reforms must balance the need for disciplinary action against errant judges with the protection of judicial independence and due process rights.
The NJC will need to ensure that the new rules are applied fairly and consistently, with adequate safeguards against arbitrary or politically motivated dismissals.
According to sources, the new sanction rule is likely to be adopted next year, as there is no council meeting scheduled for the remainder of this year.
Once adopted, the rule will apply to all pending and future cases of judicial misconduct, marking a new chapter in the regulation of judicial conduct in Nigeria.
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