By By Eric Teniola
IN the wake of the case involving the suspended Chief Justice of
the federation, Justice Walter Samuel Onnoghen, GCON, it seems we
are much concerned about the constitutional protection for the
judicial officers in the country.
Although the protection is more glaring in the 1999 constitution
but the process started in 1976. The reason may not be farfetched.
The two Constitutions that we have operated since 1966, the 1979
and 1999 constitutions were produced by judges. As it is now, the
judicial officers in this country are like the untouchables except
they are tried by the National Judicial Council, no matter the
offence they commit. Of the six members of the subcommittee on the
judicial system of the Constitution drafting committee of 1976 only
three were lawyers. And they are Chief Richard Akinjide who later
became the Attorney General of the Federation, Alhaji S.M. Liberty
who was then the attorney General of Bornu state and Mr. Paul
Richard VekaaBelabo who was then legal adviser to the New Nigerian
Development Company in Kaduna. The chairman of the subcommittee
Alhaji Nuhu Bamali who was a former foreign Minister, Dr Ibrahim
Tahir (the last Imam) (1938-2009), the Talba Bauchi who later
became Nigeria’s Minister of Internal Affairs and Professor Obaro
Ikime who was then Professor of History and Head of the Institute
of African Studies, University of Ibadan were not lawyers.
Their recommendations was that (1) there shall be established a
Federal Judicial Service Commission which shall be responsible for
service matters of the Federal Judiciary in accordance with the
provision of this Constitution and any law which the National
Assembly may enact. (2) the Federal Judicial Service Commission
shall be composed of 15 members as follows—-(a) Chairman who shall
not hold any other Judicial appointment but shall be a member of
the legal profession of repute; the Chief Justice of Nigeria, the
Grand Mufti and the Federal Attorney-General; (e) a senior advocate
(who shall not be eligible for appointment to the Bench during his
tenure as member of the Commission and for three years thereafter)
to be nominated by the Nigeria Bar Association; (f) two law
Teachers one of which must be versed in Sharia; (g) the Chairman,
Federal Public Service Commission; (h) the Chairman, Judicial
Committee of the Federal House of Representatives; (i) the
Chairman, Judicial Committee of the Senate (j) three lay-men of the
public standing including traditional rulers; (3) The tenure of the
none official members of the Commission shall conform with those
provisions governing tenure in similar Federal institutions (4) No
non-official member shall be eligible for tenure for more than 2
terms (5) The Commission shall also have responsibility for
appointment of the Chief Registrar and other personnel of the
Supreme Court and all other Federal Courts (6) The Commission shall
be responsible for the discipline of Federal Judges other than the
Chief Justice of the Supreme Court (7) In handling disciplinary
matters the Commission shall appoint a committee of 3 to
investigate allegations against a Judge, and on the basis of
finding of such a committee make a recommendation to the
President.
However the recommendation of the Nuhu Bamali’s subcommittee was
amended. In the 1979 constitution what was agreed was that the
Federal Judicial Service Commission shall comprise the following
members, namely—(a) the Chief Justice of Nigeria, who shall be
Chairman; (b) the President of the Federal Court of Appeal; (c) the
Attorney-General of the Federation; (d) 2 persons, each of whom has
been qualified to practise as a legal practitioner in Nigeria for a
period of not less than 15years, from a list of not less than 4
persons so qualified recommended by the Nigerian Bar Association;
and (e) 2 other persons, not being legal practitioners, who in the
opinion of the President are of unquestionable integrity. The
Commission shall have power— (a) to advise the President in
nominating persons for appointment, subject to the approval of the
Senate, as respects appointments to the office of — (i) a Justice
of the Supreme Court (but not including the office of Chief Justice
of Nigeria), and (ii) the Federal Court of Appeal; (b) to recommend
to the President persons for appointment to the office of —–(i) a
Justice of the Federal Court of Appeal (ii) the Chief Judge of the
Federal High Court (iii) Judges of the Federal High Court, and (iv)
Chairman and members of the Code of Conduct Tribunal established
under the Fifth Schedule to this Constitution; (c) to recommend to
the President the removal from office of the judicial officers
specified in sub-paragraphs (a) and (b) of this paragraph and to
exercise disciplinary control over such judicial officials; and to
appoint, dismiss and exercise disciplinary control over the Chief
Registrars and Deputy Chief Registrars of the Supreme Court, the
Federal Court of Appeal and the Federal High Court.
The Chairman of the Constitution Drafting Committee itself was
Chief Frederick RotimiAlade Williams (1920-2005), president of the
Nigerian Bar Association (1959-1968). The chairman of the
Constituent Assembly of 1977-1979 that produced the 1979
constitution was Justice Elgbert Udo Udoma (1917-1998). The
Chairman of the Legal Drafting Team of the Constituent Assembly of
1977-1979 was Justice John Thomas (1925-2018).The 1979 constitution
was promulgated as Decree Number 25 of 1978. The addendum stated
‘Whereas the Constituent Assembly established by the Constituent
Assembly Decree 1977 and as empowered by that Decree has
deliberated upon the draft Constitution drawn up by the
Constitution Drafting Committee and presented the result of its
deliberations to the Supreme Military Council AND the Supreme
Military Council has approved the same subject to such changes as
it has deemed necessary in the public interest and for purposes of
fostering the promotion of the welfare of the people of Nigeria:
AND WHEREAS it is necessary for the Constitution to be vested with
the force of law: NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT
hereby decrees as follows:- 1.—(1) There shall be for Nigeria a
Constitution which shall be as set out in the Schedule to this
Decree.
(2) The Constitution set out in the Schedule as aforesaid shall
have the force of law and shall come into operation as therein
provided. 2. Whenever it may hereafter be necessary for the
Constitution to be printed it shall be lawful for the Federal
Government Printer to omit all parts of this Decree apart from the
Schedule and the Constitution as so printed shall have the force of
law notwithstanding the omission. 3.—(1) This Decree may be cited
as the Constitution of the Federal Republic of Nigeria (Enactment)
Decree 1978. (2) Notwithstanding section 279 (1) of the
Constitution, the Head of the Federal Ministry Government may,
where circumstances so warrant, by order published in the Gazette
appoint a date earlier than 1st October 1979 for the coming into
force of any of the provisions of the Constitution specified in the
order.
Eric Teniola, a former director in the Presidency, writes from
Lagos.