The House of Representatives has taken a step to shield judicial officers through amendment of Code of Conduct and Tribunal Act
The House of Representatives has passed for second reading a bill seeking to amend the Code of Conduct and Tribunal Act to insulate judicial officers from prosecution while serving.
The bill, titled “A Bill for an Act to Amend the Code of Conduct Bureau and Tribunal Act, Cap. C 15 Laws of the Federation of Nigeria, 2024, to Insulate Judicial Officers from Prosecution Before Being Lawfully Removed from Office and for Related Matters (HB. 1178)”, narrowly survived attempts to have it dismissed by some lawmakers on Thursday.
The bill, sponsored by Rep. Solomon Bob (PDP, Rivers), was originally set for debate on Wednesday but was postponed after lawmakers argued that they had not received copies and were therefore unfamiliar with its provisions.
During Wednesday’s session, Rep. Clement Jimbo (APC Akwa Ibom), contended that the bill conflicted with the constitution by indirectly granting immunity to judicial officers, which is not provided for under Section 308. As a result, the second reading was delayed to give members time to review the bill.
Leading the debate on the general principles of the bill, Rep. Bob said the context of the bill is the Code of Conduct Tribunal (CCT) which had been misused in the past. He noted that judicial officers need to be insulated to avoid being removed through the back door by the executive.
“The tribunal has been misused by the executive. If we don’t stop it, it will happen again,” he warned.
Bob noted that the bill targets the CCT in light of the fate suffered by former Chief Justice of Nigeria, Walter Onnoghen, who was later found innocent of the allegations against him.
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He maintained that the proposed legislation seeks to protect judicial officers from distraction and political interference while performing their responsibilities.
Hey suggested that they should be investigated by the National Judicial Council (NJC) before being removed from office before being subjected to trial.
However, Rep. Yinka Aluko (APC Kwara) opposed the bill, arguing that there are already administrative procedures, including disciplinary measures by the NJC, to address judicial misconduct. He dismissed concerns about executive interference, saying “before a judge faces trial or the tribunal, the NJC follows due process. This is not about the executive witch-hunting judges,” Aluko stated.
He also warned that granting immunity to judges could set a precedent where other professionals, including public servants and doctors, would demand similar privileges.
Supporting the bill, Rep. Peter Uzokwe (APGA Anambra), contended that if elected officials like the president and vice president enjoy immunity, then judicial officers should not be exposed to political manipulation by the executive.
On the other hand, Rep. Paul Kalejaiye cautioned against passing a bill that might contradict the constitution, arguing that judicial immunity could obstruct the proper administration of justice
Other members who spoke in favour of the bill are Rep. Patrick Umoh (APC Akwa Ibom), and Rep. Sada Soli (APC Katsina)
Soli clarified that the bill wasn’t seeking immunity, he said the caveat for the code of conduct Bureau was created by the military to subdue judicial officers such that a chief justice was not subjected to a process of punishment as a public officer but was taken directly to code of conduct bureau without a review by the NJC.
Having received enough clarity on the bill, it got the green light of lawmakers and was thereafter referred to the House committees on corruption and justice.
STAR Check: Nigerians, particularly, constituents of Abua-Odual/Ahaoda East Federal constituency, can keep tabs on the legislative performance of Rep. Bob throughout the 10th House here
