A bill to amend Nigeria’s 1999 Constitution and make the National Judicial Council’s (NJC) recommendation mandatory for the removal of heads of courts has passed its second reading in the House of Representatives.
Spearheaded by House Speaker Mr. Tajudeen Abbas, the bill has now been referred to the House Committee on Constitution Review for further deliberation.
During the debate, Edo lawmaker Marcus Onobun highlighted the purpose of the amendment, which seeks to alter Section 292(1)(a)(i) and (ii) of the Constitution. This change would require that key judicial leaders—such as the Chief Justice of Nigeria and the President of the Court of Appeal—can only be removed following an NJC-led investigation.
Onobun stressed that this amendment aligns with the Supreme Court’s 2012 Elelu-Habeeb judgment, which imposed a six-week deadline for such investigations. Currently, heads of courts can be removed solely by the President or state governors with the support of a two-thirds majority in the Senate or State House of Assembly.
Onobun raised concerns that the existing procedure excludes the NJC, potentially allowing the removal of judicial officers without adequate scrutiny. He argued that while other judges require the NJC’s recommendation for removal, the heads of courts are not afforded the same protection, thus undermining judicial independence.
“The absence of NJC involvement exposes judicial heads to political influence, violating the principle of separation of powers,” Onobun stated, emphasizing that the bill would ensure removals are based on valid reasons, with the NJC providing critical oversight.
The bill aims to reinforce judicial independence and align the Constitution with the principles of checks and balances. After its passage, the bill will undergo further review before its third and final reading.
