The Need for National Political Reform Conference (12), by Afe Babalola

JUDICIAL REFORMS  

The Judiciary has suffered a great deal owing to the inactivity or incompetence of some judges or judicial officials manning our courts. It is important to ensure that only those who are fit and competent in terms of knowledge are appointed as Judges and Judicial officials. It is in the light of the above that I make the following proposals:  

*Appointment of Judges of the High Court shall be by Recommendation from the Local Chapter of the Nigeria Bar Association where the appointee belongs.  

*The qualification for such appointment must be Active legal practice of no less than 10 years. For the appointment of Magistrates, the local chapter of the Nigeria Bar Association of the appointee must recommend people of not less than five years in active legal practice.  

*This recommendation must be by a resolution of not less than 2/3 of the members of the Local Chapter of the NBA present at the meeting where such resolution is made.  

*The appointing authority shall NOT appoint anybody outside those recommended by The Local Chapter of the NBA.  

In addition to the above, I also suggest that the following amendments be made to some sections of the Constitution which deal with the judiciary. Section 230(2) of the Constitution should be amended by inserting the following clause:-  

The Chief Justice of Nigeria who shall be head of the Federal Judiciary; This is to ensure that the Chief Justice of the Federation is recognized by the Constitution as the Head of the Federal Judiciary.  

By the 1999 Constitution, the appointment of the Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, the Grand Khadi of the Sharia Court of Appeal of the FCT and the President of the Customary Court of Appeal of the FCT are subject to the confirmation of the Senate. The following amendments are suggested to the sections on their appointment to exclude confirmation by the Senate since they are not heads of the judiciary of the federation.  

Section 250(1):   The appointment of a person to the office of Chief Judge of the Federal High Court shall be made by the President on the recommendation of the National Judicial Council.  

Section 256(1): The appointment of a person to the office of the Chief Judge of a Judge of the High Court of Abuja shall be made by the President on the recommendation of the National Judicial Council.  

Section 261(1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja which shall be known as the Sharia Court of Appeal FCT Abuja.  

Section 266(1): The appointment of a person to the office of the President or a Judge of the Customary Court of Appeal of Abuja shall be made by the President on the recommendation of the National Judicial Council.  

It is equally necessary to enshrine in the Constitution that the Chief Judge of the State is the head of the State Judiciary as follows: “A Chief Judge of the State who shall be the head of the Judiciary of the State”. The Grand Khadi of a State Sharia Court of Appeal and the President of a State Customary Court of Appeal are heads of their respective specialised courts and not heads of the State Judiciary, hence their appointments should not be subject to the confirmation of the State Assembly.  

The following sections should therefore be amended, to exclude confirmation of their appointments by the State Assembly.  

Section 276(1)- The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council.  

Section 281(1): The appointment of a person to the office of President or Judge of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council.  

QUALIFICATION OF JUDGES  

Section 231 (3) of the Constitution shall provide that a person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than 20 years.  

Section 238(3) to provide that a person shall not be qualified to hold the office of a President or Justice of the Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria and has so been qualified for a period of not less than fifteen years.  

Section 250(3) to provide that a person shall not be qualified to hold the office of Chief Judge or a Judge of a Federal High Court unless he is qualified to practice as a legal practitioner Nigeria and has been so qualified for a period of not less than twelve years. Section 256(23) to provide that a person shall not be qualified to hold the office of a Chief Judge or a Judge of the High Court of Abuja unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years.  

Section 261 (3) to provide that a person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of Appeal of FCT Abuja unless (a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years and had obtained a recognized qualification in Islamic law from an institution acceptable to the National Judicial Council; or (b) he has attendee and has obtained a recognized qualification in Islamic law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than twelve years and he either has considerable experience in the practice of Islamic law, or he is a distinguished scholar of Islamic Law. 

Customary Court of Appeal, Federal Capital Territory Abuja Section 266(3)  

Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person shall not be qualified to hold the office of President or a Judge of the Customary Court of Appeal of Abuja unless: (a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years and, in the opinion of the National Judicial Council he has considerable knowledge of an experience in the practice of Customary law.  

State High Court Section 271 (3) to provide that a person shall NOT be qualified to hold office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years.  

Sharia Court of Appeal of State Section 276(2) to provide that a person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless: (a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years and has obtained a recognized qualification in Islamic law from an institution acceptable to the National Judicial Council; or (b) he has attended and has obtained a recognized qualification in Islamic law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than twelve years; and he either has considerable experience in the practice of Islamic law, orhe is a distinguished scholar of Islamic Law Customary Court of Appeal of States – Section 281(3): Apart from such other qualifications as may be prescribed by a law of the House of Assembly of the State, a person shall not be qualified to hold office of President or of a Judge of a Customary Court of Appeal of a State unless; (a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years and in the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customer law.  

To be concluded 

•Please send your comments to president@abuad.edu.ng 

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