The Nigerian House of Representatives has advanced a bill that aims to protect judicial officers from prosecution by the Code of Conduct Bureau (CCB) and Tribunal (CCT) until they are first removed from office by the National Judicial Council (NJC).
The bill, sponsored by Solomon Bob (PDP, Rivers), passed its second reading on Thursday despite facing considerable opposition.
The proposed amendment to the Code of Conduct Bureau and Tribunal Act seeks to ensure that judges are not arraigned before the CCT until after the NJC has addressed any allegations of misconduct and recommended their removal.
This move comes after a contentious debate that began on Wednesday, marked by constitutional challenges and concerns about the bill's implications.
Opponents, like Clement Jimbo (APC, Akwa Ibom), argued that the bill contravenes Section 308 of the 1999 Constitution, which outlines those exempt from prosecution, a list that does not include judicial officers.
Mr. Bob countered that the bill aims to prevent politically motivated prosecutions, not grant immunity. Concerns were also raised about members not having received copies of the bill, leading to a temporary postponement until Thursday.
When the debate resumed, Mr. Bob clarified that the bill focuses specifically on CCT trials and does not provide blanket immunity. He emphasized the importance of allowing the NJC to fulfill its oversight role.
Paul Kalejaiye (APC, Lagos) cautioned against enacting laws that contradict the Constitution, while Sada Soli (APC, Katsina) supported the bill, arguing it simply ensures judges are not subjected to prosecution while still in office.
Following a 22-minute debate, the bill passed its second reading with a majority vote. This legislative effort is seen by some as a way to prevent situations like the trial of former Chief Justice of Nigeria, Walter Onnoghen, which was perceived by many as politically motivated.
Mr. Onnoghen's case, which involved allegations of undeclared assets, began shortly before the 2019 general election and raised ethical questions that were also investigated by the NJC.
While the NJC probe's results were not made public, Mr. Onnoghen resigned before the CCT delivered its verdict. His case was one of several instances during the Buhari administration where judicial officers faced scrutiny, including raids on the homes of several Supreme Court justices by the SSS.
While some cases were dismissed, the events fueled concerns about judicial independence.
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