Judging the Judge: Lessons from Nigeria and Selected Jurisdictions
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Date
2012
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Essays in Honour of Hon. Justice Iche N. Ndu, Former Chief Judge, Rivers State
Abstract
One of the unique provisions of the 1999 Constitution is the creation by statute of the National Judicial Council. This paper explores the importance of the National Judicial Council in a democratic dispensation, the powers of the Council and their limitations. In Canada, the Canadian Judicial Council appoints and sanctions Judges of Federal Superior Courts. In South Africa and Botswana, the Judicial Service Commission appoints, disciplines and sanctions Judges in partnership with the President and the Parliament. Over the years, the Federal Judicial Service Commission regulates appointment and discipline of judicial officers in Nigeria at the Federal level. However, the poser is, how far has the regulatory institution been able to judge the Judge across these identified jurisdictions? This paper reviews the role of the National Judicial Council vis-a-vis its powers and limits under the 1999 Constitution. It also compares the Nigerian standard with some selected jurisdictions and posits that although much could be achieved through the National Judicial Council in the bid to sanitise the Judiciary, much could also be learned from certain jurisdictions.
Description
Keywords
Judge, constitution
Citation
Edited by Prof O. Fagbohun, et al. (2012), Pages 374 – 399