Reps propose 5-year term for CJN, others, Supreme Court decentralisation

House of Representatives

Reps propose 5-year term for CJN, others, Supreme Court decentralisation

The House of Representatives has introduced a bill seeking a five year tenure for the Chief Jusitice of Nigeria (CJN), President of the Court of Appeal.

Others to be affected by the bill, if passed into law, include the Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judges in the 36 states and the Federal Capital Territory (FCT), Grand Khadi of a Sharia Court of Appeal and President of Customary Court of Appeal.

This is against the present practice where heads of courts hold offices until they attain the retirement age or are removed from office.

The proposed legislation, which is part of the constitution alteration bills being considered by the House Committee on Constitution Review, is sponsored by the member representing Darazo/ Ganjuwa federal constituency of Bauchi, Manu Soro.

It is titled: “A bill for an act to alter the Constitution of the Federal Republic of Nigeria to provide for tenured appointment of heads of courts at both the Federal and State judiciary,” (HB 1701).

Specifically, the bill is seeking the alteration of Section 29 of the 1999 Constitution (as amended) to include a new subsection.

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The proposed subsection stipulates that “any judicial officer appointed as Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of the Federal Capital Territory, Abuja, Chief Judge of State, Grand-Khadi of Sharia Court of Appeal or President of Customary Court of Appeal of a State shall serve for a five-year non-renewable term and return to their previous role as judges or shall retire if retirement age is attained –whichever comes first–”

The bill, according to its explanatory memorandum, is geared towards enhancing “service efficiency and motivation of officers, and to address overstay of heads of courts.”

Similarly, the House has introduced a bill seeking to create five divisions of the Supreme Court, across the country, in addition to the headquarters, in Abuja. Abuja is also expected to cater for the North Central geo-political zone.

The bill, which is also sponsored by Soro, has as its title, “A bill for Act to amend the Constitution of the Federal Republic of Nigeria, 1999, to provide for the establishment of five divisions of the Supreme Court of Nigeria; to enhance access to the highest justice, to minimize the logistical cost of accessing justice and to ensure timely dispensation of matters brought before the apex court.” ( HB1731).

The proposed legislation, obtained by Daily Sun, is seeking the alteration of Section 230(1) of the 1999 Constitution ( as amended) for division of the Supreme Court to be located in Umuahia for the South East, Bauchi for the North East, and Uyo for the South South.

According to the bill, which has scaled the first reading, Lagos and Kano shall host the divisions of the apex court in the South West and North West respectively.

The proposed legislation, in its explanatory memorandum, states that the objective is “to bring access to highest justice closer to the people, to minimize the logistical cost incurred by litigants in accessing justice and to ensure timely dispensation of matters brought before the Supreme Court.”