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NBA Faults Composition of National Judicial Council, Calls for Reform

Substantial progress has been achieved in responding to the Nigerian Bar Association’s (NBA) apprehensions concerning the makeup of the National Judicial Council (NJC) and overall judicial restructuring in Nigeria. After the NBA’s proposals were discussed at a national summit on justice sector reforms, led by Dr. Babatunde Ajibade, SAN, who heads the NBA Judiciary committee, a consensus was reached to reassess the NJC’s function and overhaul both the NJC and the Federal Judicial Service Commission.

Published

2 weeks ago

April 28, 2024

Stella Charles Akupue

NBA Faults Composition of National Judicial Council, Calls for Reform

The Nigerian Bar Association (NBA) has raised concerns about the composition of the National Judicial Council (NJC), the body responsible for addressing judicial misconduct in Nigeria. In a recent statement, the NBA criticized the current system, which mandates that the NJC be headed by the Chief Justice of Nigeria (CJN), arguing that this arrangement negatively affects its ability to handle judicial discipline effectively.

According to the NBA, the inherent flaws in the NJC’s composition undermine public confidence in its ability to prosecute judicial misconduct. The NBA proposed reforms to the council’s composition to address these concerns.

They recommended that members of the NJC be appointed as follows: six judicial officers appointed by the CJN, six lawyers nominated by the National Executive Council of the NBA (including the NBA President), and six non-lawyers appointed by the President of Nigeria, subject to Senate approval.

Additionally, the NBA suggested that the chairmanship of these bodies should be rotated among the heads of the three constituent groups.

Furthermore, the NBA called for the appointment of court administrators to oversee administrative functions currently handled by the heads of courts, such as procurement, budgeting, and court renovation. This proposal addresses areas identified as prone to corrupt activities by anti-corruption bodies, allowing heads of courts to focus solely on adjudication and case management.

In addition to reforms in the NJC’s composition, the NBA demanded the de-linking of judicial remuneration from that of the civil service. They argued that this separation would enhance the perception of judicial independence and reassure judicial officers.

The NBA presented these recommendations at the recent national summit on justice sector reforms. Dr. Babatunde Ajibade, SAN, Chairman of the Nigerian Bar Association Judiciary Committee, confirmed that the NBA’s reform proposals were considered and approved in modified form.

The summit participants agreed on the need to review the NJC’s role in judicial appointments. They proposed reconstituting the NJC and the Federal Judicial Service Commission to address concerns about inconsistency and improve appointment process transparency.

Progress Made on Reforming Judicial Council Composition

Following the Nigerian Bar Association’s (NBA) call for reform in the National Judicial Council (NJC) composition, significant progress has been made towards addressing the concerns raised.

The NBA’s recommendations were carefully considered and approved in modified form during the national summit on justice sector reforms.

The proposed reforms aim to enhance public confidence in the judiciary and strengthen the mechanisms for addressing judicial misconduct. The recommendations include restructuring the NJC to ensure a balanced representation of judicial officers, legal practitioners, and non-lawyers. By diversifying the composition of the council, the aim is to promote fairness, accountability, and independence in handling disciplinary matters within the judiciary.

Furthermore, the call for appointing court administrators to oversee administrative functions within the judiciary is gaining traction. This measure seeks to streamline administrative processes and reduce opportunities for corruption, allowing judicial officers to focus more on their core mandate of adjudication.

The NBA’s advocacy for delinking judicial remuneration from that of the civil service also continues to garner support. Separating judicial salaries from those of civil servants is crucial for upholding judicial independence and ensuring equitable compensation for judicial officers.

As stakeholders continue to deliberate on these proposed reforms, there is growing optimism that meaningful changes will be implemented to strengthen the integrity and efficiency of Nigeria’s judicial system.

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