The Nigerian Bar Association (NBA) has proposed reforms, including the removal of the Chief Justice of Nigeria (CJN) as the head of the National Judicial Council (NJC).
The NBA, representing legal practitioners nationwide, criticized the current composition of the NJC, which oversees the discipline of judicial officers, citing concerns about its ability to impartially address misconduct within the judiciary.
Under the NBA’s recommendations, the composition of the NJC would undergo a restructuring. Instead of being solely chaired by the CJN, the council would consist of six judicial officers appointed by the CJN, six lawyers nominated by the NBA’s National Executive Council (including the NBA President), and six non-lawyers appointed by the President of Nigeria, subject to Senate approval.
Additionally, the chairmanship of the NJC would rotate among the heads of these three constituent groups.
Moreover, the NBA proposed the appointment of court administrators to handle administrative functions within the judiciary, such as procurement, budgeting, and implementation of judicial appropriations. This move aims to enhance transparency and curb corruption within the judiciary.
The association also called for the de-linking of judicial remuneration from that of the civil service, emphasizing the importance of strengthening the perception of judicial independence.
These recommendations were submitted by the NBA at a national summit on justice sector reforms. Dr. Babatunde Ajibade, SAN, Chairman of the Joint Planning Committee of the summit, highlighted the consensus among participants regarding the need for significant review of the NJC’s role in judicial appointments. Concerns were raised about potential conflicts of interest, as the CJN currently serves as both the chairman of the NJC and the Federal Judicial Service Commission.
Ajibade stated the consensus among stakeholders that the reconstitution of both the NJC and the Federal Judicial Service Commission was necessary to ensure transparency and integrity in the judicial appointment process.
