Duties and Powers of The National Judicial Council (NJC)

The National Judicial Council is one of the Federal
Executive Bodies created by virtue of Section 153 of the 1999 Constitution of
the Federal Republic of Nigeria. In order to insulate the Judiciary from the
whims and caprices of the Executive; hence guarantee the independence of this
Arm of Government, which is a sine qua non for any democratic Government, the
National Judicial Council was created and vested with enormous powers and
functions.

By the provision of Paragraph 20 of Part One of the
Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as
amended,

The national Judicial Council comprises of the following Members: –

the Chief Justice of Nigeria, who shall be the Chairman;
the next most senior Justice of the supreme Court who shall be
the Deputy Chairman;
the President of the Court of Appeal;
five retired Justices selected by the Chief Justice of Nigeria
from the Supreme Court or Court of Appeal;
the chief Judge of the Federal High Court;
the President, National Industrial Court;
five Chief Judges of State to be appointed by the Chief Justice
of Nigeria from among the Chief Judges of the States and of the High
Court of the Federal Territory, Abuja in rotation to serve for two years;
one Grand Kadi to be appointed by the Chief Justice of Nigeria
from among Grand Kadis of the Sharia Courts of Appeal to serve in
rotation for two years;
one President of the Customary Court of Appeal to be appointed by
the Chief Justice of Nigeria from among the Presidents of the Customary
Courts of Appeal to serve in rotation for two years;
five members of the Nigerian Bar Association who have been
qualified to practice for a period of not less than fifteen years, at
least one of whom shall be a Senior Advocate of Nigeria, appointed by the
Chief Justice of Nigeria on the recommendation of the National Executive
Committee of the Nigerian Bar Association to serve for two years and
subject to re-appointment: Provided that the five members shall sit in
the Council only for the purposes of considering the names of persons for
appointment to the superior courts of record; and
two person not being Legal Practitioners, who in the opinion of
the Chief Justice of Nigeria, are of unquestionable integrity

The duties and role of the
NJC are also provided for by the provision of Paragraph 21 of Part One of the Third Schedule to the 1999 Constitution
of the Federal Republic of Nigeria, as amended; which provides that;

The National Judicial
Council shall have the power to:

1.
Recommend to the President from among the
list of persons submitted to it by –

o the
Federal Judicial Service Commission, persons for appointment to the Offices of
the Chief Justice of Nigeria, the Justices of the Supreme Court, the President
and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal
High Court, and

o the
Judicial Service Committee of the Federal Capital Territory, Abuja, persons for
appointment to the Offices of the Chief Judge and Judges of the High Court of
the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia
Court of Appeal of the Federal Capital Territory, Abuja and the President and
Judges of the Customary Court of Appeal of the Federal Capital Territory,
Abuja;

2.
recommend to the President the removal from
office of the Judicial Officers specified in sub-paragraph (a) of this
paragraph, and to exercise disciplinary control over such Officers;

3.
recommend to the Governors from among the
list of persons submitted to it by the State Judicial Service Commissions
persons for appointments to the Offices of the Chief Judges of the States and
Judges of the High Courts of the States, the Grand Kadis and Kadis of the
Sharia Courts of Appeal of the States; and President and Judges of the
Customary Courts of Appeal of the States;

4.
recommend to the Governors the removal from
office of the Judicial Officers specified in sub-paragraph (c) of this
paragraph, and to exercise disciplinary control over such officers;

5.
collect, control and disburse all moneys,
capital and recurrent, for the judiciary;

6. advise the President and Governors in any
matter pertaining to the judiciary as may be referred to the Council by the President
or the Governors;

7. appoint, dismiss and exercise disciplinary
control over Members and staff of the Council;

8.
control and disburse all monies, capital
and recurrent, for the services of the Council; and

9.deal with all other matters relating to
broad issues of policy and administration.

10. The Secretary of the Council shall be
appointed by the National Judicial Council on the recommendation of the Federal
Judicial Service Commission and shall be a Legal Practitioner.”

The Honourable Court in Nwaogwugwu v. President F.R.N. (2007) ALL
FWLR (Pt. 358) 1327 at 1356, paras D – F (CA), held that the National
Judicial Council is a creation of the Constitution. Its traditional role is as
defined by the Constitution and it includes inter alia to make appointments and
to exercise disciplinary control over judicial officers.

Per GALINJE, J.C.A.
in Page 45, paras. E-F, in the case of OPENE v. NJC & ORS. (2011)
LPELR-4795(CA) further held that Section 158 (1) of the Constitution has
clearly provided that the National Judicial Council (NJC) shall not be subject
to the direction and control of any other authority in exercising its power to
make appointments or to exercise disciplinary control over judicial officers.

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Duties and Powers of The National Judicial Council (NJC)

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