A bill seeking to amend the 1999 Constitution to make the recommendation of the National Judicial Council mandatory for the removal of heads of Nigerian courts has passed its second reading in the House of Representatives.

The bill, sponsored by the Speaker of the House, Mr. Tajudeen Abbas, has now been referred to the House Committee on Constitution Review for further consideration.

Leading the debate on the general principles of the bill, Edo lawmaker, Marcus Onobun, explained that the purpose of the amendment is to alter Section 292(1)(a)(i) and (ii) of the Constitution of the Federal Republic of Nigeria.

The proposed change would require that the heads of Nigerian courts—such as the Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of the High Court of the Federal Capital Territory, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, and President of the Customary Court of Appeal of the Federal Capital Territory—can only be removed from office after a prior investigation by the NJC.

Onobun noted that this amendment would ensure the process follows the Supreme Court’s 2012 judgment in Elelu-Habeeb & Anor. v. A-G of the Federation & 2 Ors. (2012) 13 N.W.L.R. (Pt. 1318) 423, which set a six-week timeline for such investigations.

He emphasised that the current procedure for removing heads of courts only involves the President (for federal courts) or governors (for state courts), acting on an address supported by a two-thirds majority of the Senate or State House of Assembly, respectively.

He expressed concern that the existing procedure does not involve the NJC, which could lead to the removal of judicial officers without sufficient checks.

Onobun pointed out that while the Constitution mandates the NJC’s recommendation for removing other judges and judicial officers, it excludes the heads of courts from this requirement, which, according to him, undermines the independence of the judiciary.

“The absence of the NJC in the removal of heads of courts places them at the mercy of the President, Governors, and the legislatures, violating the doctrine of separation of powers and checks and balances,” Onobun argued. “It also threatens the independence of the judiciary by allowing these decisions to be made without charge, trial, or accountability.”

Onobun further explained that by involving the NJC in the removal process, the procedure would be based on evidence, ensuring that judicial officers are only removed for valid reasons and preventing arbitrary or frivolous actions. He also noted that this would eliminate the inconsistency where the removal of a court’s head is subject to a less stringent process than the removal of other judges within the same court.

“This bill offers an opportunity to bring the Constitution in line with the law as already established by the Supreme Court, reinforcing the independence of the judiciary, the separation of powers, and the principle of checks and balances,” Onobun said, urging his colleagues to support the bill.

Following its adoption, the bill was referred to the House Committee on Constitution Review for further legislative actions in preparation for its third and final reading.

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