Reps move to shield judicial officers from prosecution

The House of Representatives, on Thursday, passed for second reading a bill seeking to amend the Code of Conduct and Tribunal Act, with the aim of insulating judicial officers from prosecution before they are lawfully removed from office.

The bill, sponsored by Solomon Bob, a lawmaker representing Rivers State, seeks to ensure that judicial officers cannot be tried by the Code of Conduct Tribunal (CCT) while still in office.

Bob explained that the bill was prompted by events in 2018, when then-President Muhammadu Buhari allegedly “repurposed” the Tribunal to remove Walter Onnoghen, the sitting Chief Justice of Nigeria, from office. He emphasised that the bill seeks to rectify this process and ensure compliance with constitutional provisions, which require the removal of a judicial officer by a two-thirds majority of the National Assembly before any prosecution can occur.

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The proposed law also seeks to transfer control of the CCT from the President to the National Judicial Council (NJC). According to Bob, the Tribunal should not have the authority to try judicial officers, stressing that such individuals should first be investigated by the NJC, removed from office if found wanting, and only then subjected to trial.

During the debate, Kalejaiye Paul, representing Lagos, emphasised that the bill’s provisions must be clear to avoid granting judicial officers immunity, which could lead to judicial adjudication. He argued that the proposed safeguards should not impede accountability.

The bill was subsequently put to a vote by Benjamin Kalu, deputy speaker , who presided over the session. A majority of lawmakers voted in favour of the proposal.
The bill now moves to the next stage of legislative scrutiny.