The House of Representatives has taken a significant step toward protecting judicial officers from prosecution unless they are lawfully removed from office as outlined in the Constitution. The proposed amendment to the Code of Conduct Bureau and Tribunal Act passed its second reading and is now set for further review at the committee stage.
The bill, sponsored by Rep. Solomon Bob (PDP-Rivers), seeks to amend sections 20 and 24 of the Principal Act. It was first introduced in the House on April 30, 2024. Bob explained that the bill aims to prevent arbitrary prosecution and removal of judges, which could threaten the independence of the judiciary.
If passed into law, the bill would establish the Code of Conduct Tribunal as a superior court of record with exclusive authority over offences under the Act. Additionally, it introduces new subsections to Section 24, which state that no judicial officer can be prosecuted before the tribunal unless they have been officially removed under Section 292(1) of the Constitution.
The proposed amendment also prevents the tribunal from hearing cases against judicial officers if the proper removal process has not been followed. Bob noted that the Nigerian Constitution upholds the separation of powers between the legislature, executive, and judiciary, ensuring that each arm operates independently without external interference.
“The Constitution clearly outlines the procedure for the removal of judicial officers, which must be strictly adhered to in order to safeguard the sanctity of their offices and enable them to perform their duties without fear of victimization,” Bob said.
He further noted that under Section 292(1) of the Constitution, a judicial officer can only be removed due to incapacity, misconduct, or violation of the Code of Conduct. Such removal must be recommended by the National Judicial Council or approved through an address by the legislature.
Bob stressed that this amendment is necessary to preserve the integrity of judicial offices, protect the tenure of judges, and prevent any unlawful prosecution. He urged his fellow lawmakers to support the bill, stating that it would strengthen the rule of law and contribute to the growth of Nigeria’s democracy.
