APPOINTMENT OF JUDICIAL OFFICERS

Question 1

What are the DISCIPLINE OF JUDICIAL OFFICERS ?

Answer 1

THE HEADS OF THE FED COURTS-Removal by the president on the recommendation of the NJC acting on an address of 2/3 of the Senate.

No address for the justices or judges.

Question 2

Retirement of judicial officials?

Answer 2

Justices of the SC or the CA may retire when he attains the age of 65 and he shall cease to hold office when he attains the age of 70 years.

Question 3

Grounds for Removal of a Judicial officer?

Answer 3

1. Misconduct
2. Inability to perform his functions(disease or mental infirmity)
3. Breach of code of conduct
   S 292(1) CFRN

Question 4

Procedure for discipline of Judicial officer?

Answer 4

1. Initiating and Directing Complaint to NJC-addressed to either the chairman or secretary
2. The recipient of the complaint shall forward the original to the Secretary within 7 days.
3. The Secretary shall cause same to be registered in the complaint register-R 14 JDR
4. The complaint must contain a concise statement of facts that details the specific facts on which the claim of misconduct is based and must be served on the judicial officer, he shall also have a reasonable time to reply
5. Complainant must be made within 6 months else it will be dismissed by the council
   The NJC is to set up an investigation committee(they basically make recommendations to the council).

If the judicial officer is an head of a superior court, note that the address of 2/3 of senate/House of assembly is needed

Question 5

Final Decision and Sanction by NJC?

Answer 5

a) Dismiss the case
b) Direct that the case be dealt with informally by the Chairman of the Council where the
misconduct is not grave;
(c) Reprimand the subject judicial officer;
(d) Suspend the subject judicial officer;
(e) Direct that the subject judicial officer be put on the watch list to be monitored;
(f) Prohibit the nomination of the subject judicial officer for a specified period or
permanently;
(g) Compulsory retirement, or
(h) Recommend the removal of the subject judicial officer

Question 6

What are the OPTIONS OPEN TO ANY LAWYER AGGRIEVED BY MISCONDUCT OF A JUDICIAL OFFICER?

Answer 6

1. Application to Judicial Officer to Disqualify Himself
2. Application to Chief Judge for Reassignment of Case:
3. Grounds of Appeal
   5.Petition to NJC