Udora Orizu in Abuja
The House of Representatives at yesterday’s plenary passed through second reading a bill seeking to stop the trial and removal of judicial officers from office by the Code of Conduct Tribunal (CCT).
It would be recalled that a former Chief Justice of Nigeria (CJN) Walter Onnoghen was tried and removed from office by CCT in 2019.
The proposed legislation titled, “Bill for an Act to Amend the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004; and for Related Matters (HBs.1819, 576, 859, 955, 1000, 1685 &1805),” was sponsored by Hon. Solomon Bob, Hon. Nkeiruka Onyejeocha, Hon. Ben Igbakpa and four other lawmakers.
Leading the debate on its general principles, Bob said the bill stipulates that before any judicial officers could be tried and removed from the office, the person must have been first removed in line with the section 292(1).
For purposes of reference, section 292(1) of the Constitution stated thus: “A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – In the case of – Chief Justice, President of the Court of Appeal, Chief Judge of the Federal High Court, President of National Industrial Court, Chief Judge of High Court of Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate, Chief Judge of State, Grand Kadi of the Sharia Court of Appeal or President of a Customary Court of Appeal of a State by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of conduct.”
He said the bill seeks to amend sections 20 and 24 of the Principal Act to protect Judicial Officers from arbitrary prosecution and removal from office.
According to him, “Any action seeking to prosecute any Judicial Officer in contravention of sub-section (5) of this section shall not be entertained by the Tribunal. It is axiomatic that in a presidential democracy such as we profess to practice, the three arms of government are distinct and independent of one another, each with its powers constitutionally determined.
“Under our constitution, their powers are created by sections 4, 5, & 6 for the Legislature, Executive and Judiciary respectively.
“It is the intention of the constitution that each arm of government be empowered to discharge its responsibilities without interference by the other arms. This is in sync with the U.S. presidential democracy after which we patterned our version.
“The Code of Conduct Tribunal which is the crux of this bill is a body with statutory judicial powers to try and sanction public office holders found to be in breach of the Code of Conduct Bureau Act. The powers of the Tribunal are pursuant to section 24 of the Principal Act – The Code of Conduct Bureau and Tribunal Act.
“Let it suffice to state here that the constitution has made very clear provisions for removal of elected officials including judicial officers.
“The obvious intention is to obviate the threat of arbitrary removal from office, thereby safeguarding the sanctity of the office and affording the office holders a leeway to discharge the functions of their office without fear or favour in line with their oath of office.”
Contributing, Hon. Nkem Abonta said the Principal Act needed proper amendment, saying Nigerians in the last two years have noticed a lot of issues with the Code of Conduct.
On his part, the Speaker, Hon. Femi Gbajabiamila while noting that members should have been availed with copies of the amendment before now, however advised any member who has a contribution to send a memo to committee on anti -corruption.
Thereafter, the bill was passed and referred to the Committee on Anti-corruption.
