The House of Representatives has passed through a second reading, a bill for an act to amend the Code of Conduct Bureau and Tribunal Act 2024 to insulate judicial officers from prosecution before being lawfully removed from office.
Sponsored by Hon Solomon Bob (PDP, Rivers), the bill seeks to amend sections 20 and 24 of the Principal Act to protect judicial officers from arbitrary prosecution and removal from office.
Section 20 of the Principal Act, which created the Code of
Conduct Tribunal, is proposed to be amended by adding the words which shall be a superior court of record with exclusive jurisdiction to try offences under this Act.
Section 24 is sought to be amended by the addition of subsections 5 & 6 to the existing subsections to read thus:
“(5) Nothing in this Act shall permit the commencement of any action against a Judicial Officer before the Tribunal unless such Judicial Officer has been validly removed from office under section 292 (1) of the Constitution.
“(6) Any action seeking to prosecute any judicial officer in contravention of sub-section (5) of this section shall not be entertained by the Tribunal.”
Leading debate on the bill’s general principles, the sponsor, Bob, said the procedure for judicial officers’ removal from office is as enunciated in section 292 of the Constitution of the Federal Republic of Nigeria, 1999.
He said Section 292(1) requires that the removal of a Head of Court by the President or the Governor, as the case may be, must be upon an address by the relevant Legislative House, and in any other case by the president or governor, as the case may be, acting on the recommendation of the National Judicial Council.
“I’d like to point out that in both cases, the bases of such removal are incapacity ( from infirmity of mind or body), misconduct or contravention of the code of conduct.
“Mr Speaker, Honourable Colleagues, this proposed amendment aims at securing the sanctity of the office of judicial officers, their tenure, freedom from arbitrary interference and harassment, and to ensure that no judicial officer is put on trial except after having been lawfully removed from office in strict compliance with section 292 of the Constitution.
“This Bill will enhance the rule of law and invariably deepen our democracy. Therefore, with utmost respect, I urge it upon you, my very dear colleagues,” Bob added.
