A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) TO REFLECT THE PROPOSALS INITIATED BY THE JUDICIARY Sponsored by Hon. Aminu Shehu Shagari

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A BILL

FOR

AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) TO REFLECT THE PROPOSALS INITIATED BY THE JUDICIARY

Sponsored by Hon. Aminu Shehu Shagari

[      ]

ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:

 

Alteration of Constitution of the Federal Republic of Nigeria, 1999

  1. The Constitution of the Federal Republic of Nigeria, 1999, as altered (in this Bill referred to as the “Constitution”) is further altered as set out herein.

 

Alteration of section 84 (3)

  1. Section 84 of the Constitution is altered by deleting the words “other than allowances” in line 2 of subsection (3).

 

Alteration of section 230

  1. Section 230 of the Constitution is altered by:

(a) substituting paragraph (a) of the existing subsection (2) with a new paragraph (a):

“(a) The Chief Justice of Nigeria who shall be the head of the judiciary of the Federation”

(b) substituting the words “not exceeding twenty-one” in lines 1 to 2 of paragraph (b) of the existing subsection (2) with the words “not exceeding sixteen”.

 

Alteration of section 231

  1. Section 231 is altered in subsection (3) by substituting the words “not less than fifteen years” in lines 3 to 4 of subsection (3) with the words “not less than twenty-five years”.

 

Alteration of section 233

  1. Section 233 of the Constitution is altered by:

(a) deleting the words “of law in Nigeria” in line 2 of subsection (1).

(b) deleting subsection “(2)” and all its subparagraphs and inserting a new subsection “(2)”

“(2) All appeals from the Court of Appeal to the Supreme Court shall be by leave of the Supreme Court.”

(c) substituting the existing subsection (3) with a new subsection “(3)”

“(3) Nothing in this section shall confer any right of appeal from a decision from the Court of Appeal granting or refusing leave to appeal to the Court of Appeal from any decision of the High Court”

(d) deleting subsection “(5)”.

(e) deleting subsection “(6)”.

(f) inserting a new subsection (4)

“(4) Three Justices of the Supreme Court sitting in Chambers may dispose of any application for leave to appeal from any decision after consideration of the Record of Proceedings if the Justices are of the opinion that the interest of Justice does not require an oral hearing of the application”

 

Alteration of section 234

  1. Section 234 of the Constitution is altered by:

(a) renumbering existing section 234 as section “234 (1)”

(b) deleting the words “to consider an appeal brought under section 233 (2) (b) or (c) of this Constitution, or” in lines 1 and 2 of the existing proviso to the existing section 234.

(c) substituting the word “be” with the words “sit as a full Court” in line 4 of the existing proviso to section 234.

(d) inserting a new subsection “(2)”

“(2) A single Justice of the Supreme Court sitting in Chambers may exercise a power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that:

(a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a person affected thereby shall be entitled to have the application determined by the Supreme Court constituted by five Justices thereof; and

(b) in civil matters, any order, direction or decision made or given in pursuance of the powers conferred by this subsection may be varied, discharged or reversed by the Supreme Court constituted by five Justices thereof.”

(e) inserting a new subsection “(3)”

“(3) In subsection (1) of this section, “full Court” means all the Justices of the Supreme Court available at the time so however that the number shall not be less than seven.”

 

Alteration of section 236

  1. Section 236 of the Constitution is altered by deleting the words

“Subject to the provisions of any Act of the National Assembly,” in line 10f the section.

 

Alteration of section 237

  1. Section 237 of the Constitution is altered in paragraph (b) of subsection (2) by (a) substituting the words “forty-nine” in line 1 to 2 with the words “one hundred”

(b) substituting the words “Islamic personal law” in line 2 with the words “Islamic law”

(c) deleting the words “,as may be prescribed by an Act of the National Assembly” in lines 3 and 4.

 

Alteration of section 238

  1. Section 238 of the Constitution is altered by:

(a) Inserting the words “or of a Justice of the Court of Appeal” immediately after the words “President of the Court of Appeal” in lines 1 to 2 of subsection (1).

(b) deleting the words “, subject to confirmation of such appointment by the Senate” in lines 3 to 4 of subsection (1).

(c) deleting the existing subsection (2)

(d) substituting the twelfth word “a” in line 1 of subsection (3) with the words “President of the Court of Appeal or”

(e) substituting the words “twelve years” in line 3 of subsection (3) with the words “twenty years”.

(f) renumbering the existing subsection “(3)” as subsection “(2)”.

(g) renumbering the existing subsection “(4)” as subsection “(3)”.

(h) substituting the words “subsection (4)” in line 2 of subsection (5) with the words “subsection (3)”

(i) renumbering the existing subsection “(5)” as subsection “(4)”.

 

Insertion of new subsection (2A) of section 241

  1. Section 241 of the Constitution is altered by inserting a new subsection “(2A)”

“(2A) A Court or Tribunal shall not stay any proceedings on account of an interlocutory appeal”.

Alteration of section 244

  1. Section 244 of the Constitution is altered in subsection (1) by substituting for the words “Islamic personal law” with the words “Islamic law”.

 

Insertion of a new subsection (1A) of section 246

  1. Section 246 of the Constitution is altered by inserting immediately after subsection “(1)” a new subsection “(1A)”

“(1A) Notwithstanding the provisions of subsection (1) of this section, no appeal shall lie to the Court of Appeal from any decision of an election tribunal in respect of an interlocutory decision.”

 

Alteration of section 247

  1. Section 247 of the Constitution is altered by substituting the existing section 247 with a new section “247”.

“247 (1) Subject to the provisions of section 239 (2) of this Constitution, for the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and, in the case of appeals from a Sharia Court of Appeal, if it consists of not less than three Justices of the Court of Appeal learned in Islamic law.

(2) Notwithstanding the provisions of subsection (1) of this section, a single Justice of the Court of Appeal sitting in Chambers may exercise a power vested in the Court of Appeal not involving the decision of the cause or matter before the Court of Appeal, except that:

(a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a person affected thereby shall be entitled to have the application determined by the Court of Appeal constituted by three Justices thereof; and

(b) in civil matters, any order, direction or decision made or given in pursuance of the powers conferred by this subsection may be varied, discharged or reversed by the Court of Appeal constituted by three Justices thereof.”

 

Alteration of section 249

  1. Section 249 of the Constitution is altered by substituting the existing paragraph (b) of subsection (2) with a new paragraph “(b)”

“(b) not less than one hundred Judges of the Federal High Court”

 

Alteration of section 250

  1. Section 250 of the Constitution is altered by:

(a) inserting the words “or of a Judge” immediately after the words “Chief Judge” in line 1 of subsection (1);

(b) substituting the word “advice” in line 2 of subsection “{l )” with the word “recommendation”;

(c) deleting the words “subject to confirmation of such appointment by the Senate” in line 3 of subsection “(1)”;

(d) deleting the existing subsection (2);

(e) substituting the words “ten years” in line 3 of the existing subsection (3) with the words “twelve years”;

(f) renumbering the existing subsection “(3)” as subsection “(2)”;

(g) renumbering the existing subsection “(4)” as subsection “(3)”;

(h) substituting the words “subsection (4)” in the existing subsection (5) with the words “subsection (3)”;

(i) renumbering the existing subsection “(5)” as subsection “(4)”.

 

Alteration of section 251

  1. Section 251 of the Constitution is altered by substituting the existing subsection “(1)” with a new subsection “(1)”:

“(1) (1) Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters:

(a) relating to the revenue of the Government of the Federation in which the said Government or any organ thereof or a person suing or being sued on behalf of the said Government is a party;

(b) connected with and pertaining to the taxation of companies and other bodies established or carrying on business in Nigeria and all other persons subject to Federal taxation;

(c) connected with or pertaining to customs and excise duties and export duties, including any claim by or against the Nigeria Custom Service or any member or officer thereof, arising from the performance of any duty imposed under any regulation relating to customs and excise duties and export duties;

(d) connected with and pertaining to banking, banks, insurance, including any action between one bank or insurer and another, any action by or against the Central Bank of Nigeria arising from banking, foreign exchange, coinage, legal tender, bills of exchange, letters of credit, promissory notes and other fiscal measures.

(e) any Federal enactment relating to copyright, patent, designs, trademarks and passing-off, industrial designs and merchandise marks, business names, commercial and industrial monopolies, combines and trusts, standards of goods and commodities and industrial standards;

(f) any admiralty jurisdiction, including shipping and navigation on the River Niger or River Benue and their effluents and on such other inland waterway as may be designated by any enactment to be an international waterway, all Federal ports, (including the constitution and powers of the ports authorities for Federal ports) and carriage by sea;

(g) diplomatic, consular and trade representation;

(h) citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas;

(i)aviation and safety of aircraft;

(j) arms, ammunition and explosives;

(k) mines and minerals (including oil fields, oil mining, geological surveys and natural gas);

(l) the administration or the management and control of the Federal Government or any of its agencies;

(m) subject to the provisions of this Constitution, the operation and interpretation of this Constitution in so far as it affects the Federal Government or any of its agencies;

(n) any action or proceeding for a declaration or injunction affecting the validity of any executive or administrative action or decision by the Federal Government or any of its agencies; and

(o) such other jurisdiction civil or criminal and whether to the exclusion of any other court or not as may be conferred upon it by an Act of the National Assembly:

Provided that nothing in the provisions of paragraphs (l), (m) and (n) of this subsection shall prevent a person from seeking redress against the Federal Government or any of its agencies in an action for damages, injunction or specific performance where the action is based on any enactment, law or equity.

 

Insertion of new subsection (4A) of section 251

  1. Section 251 of the Constitution is altered by inserting a new subsection “(4/A)”

“(4A) The Federal High Court, High Court of the Federal Capital Territory, Abuja, and High Courts of the States shall have and exercise concurrent jurisdiction for the trial of offences arising from violation of the provisions of the Electoral Act and any other election related Act of the National Assembly”

 

Alteration of section 254B

  1. Section 254B of the Constitution is altered by:

(a) Inserting the words “or Judge” immediately after the word “President” in line 1 of subsection (1).

(b) deleting the words “subject to confirmation of such appointment by the Senate” in subsection (1).

(c) deleting subsection (2).

(d) substituting the words “not less than ten” in lines 3 and 4 of the existing subsection (3) with the words “not less than twelve”

(e) renumbering the existing subsection (3) as subsection “(2)”.

(f) substituting the words “not less than ten” in line 3 of the existing subsection (4) with the words “not less than twelve”.

(g) renumbering the existing subsection (4) as subsection “(3)”.

(h) renumbering the existing subsection (5) as subsection “(4)”.

(i) substituting the words “subsection (5)” in line 2 of the existing subsection (6) with the words “subsection (4)”.

(j) renumbering the existing subsection (6) as subsection “(5)”.

 

Alteration of section 254C

  1. Section 254C of the constitution is altered by:

(a) deleting paragraph (d) of subsection (1).

(b) renumbering the existing paragraph (e) of subsection (1) as paragraph “(d)”.

(c) renumbering the existing paragraph (f) of subsection (1) as paragraph “(e)”.

(d) renumbering the existing paragraph (g) of subsection (1) as paragraph “(f)” .

(e) renumbering the existing paragraph (h) of subsection (1) as paragraph “(g)”.

(f) deleting paragraph (i) of subsection (1).

(g) renumbering the existing paragraph (j) of subsection (1) as paragraph “(h)”.

(h) inserting the words “in a trade dispute” immediately after the word “Court” in existing paragraph (j) (iii)

(i) deleting paragraph (k) of subsection (1)

(j) renumbering the existing paragraph (I) of subsection (1) as paragraph “(j)”.

(k) renumbering the existing paragraph (m) of subsection (1) as paragraph “(k)”.

(l) inserting immediately after the last paragraph of subsection (1) a new subsection “(1A)”

“(1A) Notwithstanding the provisions of subsection (1) of this section, the National Industrial Court shall have and exercise concurrent jurisdiction with other High Courts in civil causes and matters:

(a) relating to or connected with any dispute over the interpretation and application of the provisions of Chapter IV of the Constitution as it relates to any employment, labour, industrial relations, trade unionism and employer’s associations;

(b) specified in paragraphs (a), (b) and (e) of subsection (1) where they relate to contract of employment.”

(m) deleting the existing subsection (5)

(n) deleting the existing subsection (6).

 

Alteration of section 256

  1. Section 256 is altered by:

(a) inserting the words “or of a judge” immediately after the words “Chief Judge” in line 1 of subsection (1).

(b) deleting the words “subject to confirmation of the Senate” in lines 3 to 4 of subsection (1).

(c) deleting the existing subsection (2).

(d) substituting the words “not less than ten years” in line 4 of the existing subsection (3) with the words “not less than twelve years”.

(e) renumbering the existing subsection (3) as subsection “(2)”.

(f) renumbering the existing subsection (4) as subsection “(3)”.

(g) substituting the words “subsection (4)” in line 2 of the existing subsection (5) with the words “subsection (3)”

(h) renumbering the existing subsection (5) as subsection “(4)”.

 

Alteration of section 257

  1. Section 257 of the Constitution is altered in subsection (1) by deleting the words “section 251 and any other provisions of” in lines 1 to 2.

 

Alteration of section 261

  1. Section 261 is altered by:

(a) inserting the words “or of a Kadi” immediately after the words “Grand Kadi” in line 1 of the existing subsection (1)

(b) deleting the words “, subject to confirmation of such appointment by the Senate” in lines 3 to 4 of the existing subsection (1).

(c) deleting the existing subsection (2).

(d) inserting the words “of the Federal Capital Territory, Abuja” immediately before the word “unless” in line 2 of the main clause of existing subsection (3).

(e) substituting the words “ten years” in line 2 of paragraph (a) of the existing subsection (3) with the words “twelve years”.

(f) renumbering the existing subsection (3) as subsection “(2)”.

(g) renumbering the existing subsection (4) as subsection “(3)”.

(h) substituting the words “subsection (4)” in line 2 of the existing subsection 5 with the words “subsection (3)”

(i) renumbering the existing subsection (5) as subsection “(4)”.

 

Alteration of section 262

  1. Section 262 is altered by:

(a) substituting the words “Islamic personal law” in line 4 of subsection (1) with the words “Islamic law”

(b) deleting subsection (2).

 

Alteration of section 266

  1. Section 266 is altered by:

(a) inserting the words “or of a Judge” immediately after the word “President” in line 1 of the existing subsection (1).

(b) deleting the words “subject to confirmation of such appointment by the Senate” in line 4 of the existing subsection (1).

(c) deleting the existing subsection (2).

(d) substituting the words “ten years” in line 2 of paragraph (a) of the existing subsection (3) with the words “fifteen years”.

(e) renumbering the existing subsection (3) as subsection “(2)”.

(f) renumbering the existing subsection (4) as subsection “(3)”.

(g) substituting the words “subsection (4)” in the existing subsection (5) with the words “subsection (3)”.

(h) renumbering the existing subsection (5) as subsection “(4)”.

 

Alteration of section 270

  1. Section 270 of the Constitution is altered by inserting a new subsection (3) immediately after paragraph (b) of the existing subsection (2)

“(3) The Chief Judge of the State shall be the head of the judiciary of the State.”

 

Alteration of section 271

  1. Section 271 of the Constitution is altered by:

(a) deleting the words “of a State” immediately after the words “Chief Judge” in line 1 of the existing subsection (3);

(b) substituting the words “not less than ten years” in lines 3 to 4 of the existing subsection (3) with the words “not less than twelve years”.

 

Alteration of section 272

  1. Section 272 of the Constitution is altered by substituting the existing subsection (1) with a new subsection “(l)”

“(l) Subject to the provisions of this Constitution and in addition to such other jurisdictions as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person”.

 

Alteration of section 276

  1. Section 276 of the Constitution is altered by:

(a) inserting the words “or of a Kadi” immediately after the words “Grand Kadi” in line 1 of subsection (1).

(b) deleting the words “subject to confirmation of such appointment by the House of Assembly” in lines 3 to 4 of subsection (1).

(c) deleting the existing subsection (2).

(d) substituting the words “not less than ten years” in line 2 of paragraph (a) of the existing subsection (3) with the words “not less than twelve years”.

(e) substituting the words “not less than ten years” in line 3 of paragraph (b) of the existing subsection (3) with the words “not less than twelve years”.

(f) renumbering the existing subsection (3) as subsection “(2)”.

(g) renumbering the existing subsection (4) as subsection “(3)”.

(h) substituting the words “subsection (4)” in line 2 of the existing subsection (5) with the words “subsection (3)”

(i) renumbering the existing subsection (5) as subsection “(4)”.

 

Alteration of section 277

  1. Section 277 of the Constitution is altered by:

(a) substituting for the words “Islamic personal law” in line 4 of subsection (1) with the words “Islamic law”.

(b) deleting the words “which the court is competent to decide in accordance with the provisions of subsection (2) of this section” in lines 4 to 5 of subsection (1).

(c) deleting subsection (2).

 

Alteration of section 281

  1. Section 281 is altered by:

(i) inserting the words “or of a Judge” immediately after the word “President” in line 1 of subsection (1);

(ii) substituting the word “advice” in line 3 of subsection (1) with the word “recommendation”;

(iii) deleting the words “subject to confirmation of such appointment by the House of Assembly of the State” in lines 3 to 4 of subsection (1);

(iv) deleting the existing subsection (2);

(v) substituting the words “ten years” in line 2 of the existing subsection (3) with the words “twelve years”;

(vi) renumbering the existing subsection (3) as subsection “(2)”;

(vii) renumbering the existing subsection (4) as subsection “(3)”;

(viii) substituting the words “subsection (4)” in the existing subsection (5) with the words “subsection (3)”;

(ix) renumbering the existing subsection (5) as subsection “(4)”.

 

Alteration of section 287

  1. Section 287 of the Constitution is altered by inserting the words “the High Court of the Federal Capital Territory, Abuja, the Code of Conduct Tribunal,” immediately before the words “a High Court” in lines 2 and 5, respectively, of subsection (3).

 

Alteration of section 291

  1. Section 291 of the Constitution is altered by:

(a) substituting the words “fifteen years” in line 1 of paragraph (a) of subsection (3) with the words “ten years”.

(b) substituting the words “fifteen years” in   line 1of paragraph (b) of  subsection (3) with the words “ten years”

(c) substituting the words “fifteen years” in   line 4 of paragraph (b) of subsection (3) with the words “ten years”

 

Alteration of section 292

  1. Section 292 of the Constitution is altered by inserting a proviso immediately after paragraph (b) of subsection (1):

“Provided that the address from the Senate or House of Assembly, as the case may be, required under paragraph (a) of this subsection shall be accompanied with a memorandum from the National Judicial Council certifying that the judicial officer was accorded the right to fair hearing with respect to the issue in question and that, in the opinion of the National Judicial Council, a primo facie case for removal of the judicial officer has been established against him.”

 

Deletion of section 295

  1. Section 295 of the Constitution is deleted.

Alteration of paragraph 12 of Part 1 of the Third Schedule

  1. Part I of the Third Schedule to the Constitution is altered in paragraph 12 by:

(a) inserting a new subparagraph “(b)”

“(b) the next most senior Justice of the Supreme Court, who shall be the Deputy Chairman.”

(b) deleting the existing subparagraph (c)

(c) renumbering the existing subparagraph (b) as subparagraph “(c)”;

(d) retaining the existing subparagraph “(d)” as subparagraph “(d)”;

(e) renumbering the existing subparagraph (dd) as subparagraph “(e)”;

(f) inserting a new subparagraph “(f)”:

“(f) the Chief Judge of the High Court of the Federal Capital Territory, Abuja”

(g) inserting new subparagraph “(g)”:

“(g) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.”

(h) inserting new subparagraph “(h)”:

“(h) the President of the Customary Court of Appeal of the Federal Capital Territory Abuja.”

(i) renumbering the existing subparagraph (e) as subparagraph “(i)”;

(j) inserting in the new subparagraph “(i)” the words “to serve for one period of two years only” immediately after the words “Nigerian Bar Association”

(k) deleting the existing subparagraph (f);

(l) inserting new subparagraph “(j)”:

“(j) two retired persons from the public or private sector of the economy appointed by the President, on the recommendation of the Chief Justice of Nigeria after consultation with the ex-officio members of the Commission, and subject to confirmation by the Senate, to serve for a period of three years which may be renewed for one further period of three years.”

 

Alteration of paragraph 13 of Part 1 of the Third Schedule

  1. Part I of the Third Schedule to the Constitution is altered in paragraph 13 by:

(a) substituting the exiting subparagraph (a) with a new subparagraph “(a)”

“(a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of:

(i) the chief Justice of Nigeria;

(ii) a Justice of the Supreme Court;

(iii) the President of the Court of Appeal;

(iv) a Justice of the Court of Appeal;

(v) the Chief Judge of the High Court;

(vi) the President of the National Industrial Court;

(vii) the Chief Judge of the High Court of the Federal Capital Territory, Abuja;

(vii). a Judge of the Federal High Court;

(ix) a Judge of the National Industrial Court;

(x) a Judge of the High Court of the Federal Capital Territory Abuja;

(xi) the Chairman and members of the Code of Conduct tribunal;

(xii) the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja; and

(xiii) the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

(b) substituting the exiting subparagraph (c) with a new subparagraph “(c)”

“(c) appoint, promote and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, Federal High Court, the National Industrial Court, and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitutions and of the Federal Judicial Service Commission.”

 

Alteration of paragraph 20 of Part 1 of the Third Schedule

  1. Part I of the Third Schedule to the Constitution is altered by substituting the existing paragraph 20 with a new paragraph “20”:

“20 The National Judicial Council shall comprise the following members:

(a) the Chief Justice of Nigeria, who shall be the Chairman;

(b) the next most senior Justice of the Supreme Court, who shall be the Deputy Chairman;

(c) three retired Justices of the Supreme Court, to serve for a period of three years which may be renewed for another period of three years;

(d) the President of the Court of Appeal;

(e) two retired Justices of the Court of Appeal, including retired Presidents of the Court of Appeal, to serve for a period of three years which may be renewed for another period of three years;

(f) the Chief Judge of the Federal High Court;

(g) the President of the National Industrial Court;

(h) three Chief Judges to serve in rotation for two years;

(i) two retired Chief judges of the Federal and State High Courts to serve for a period of three years which may be renewed for another period of three years;

(j) One Grand Kadi of a Sharia Court of Appeal to be appointed by the Chief Justice of Nigeria from among the Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years;

(k) One President of a 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;

(l) the President of the Nigerian Bar Association to serve for a period of two years;

(m) four senior members of the Nigerian Bar Association who have been qualified to practise for a period of not less than twenty years, nominated by the National Executive Committee of the Nigerian Bar Association to serve for a period of two years which may be renewed for another period of two years; and

(n) two persons, not being legal practitioners, who are of unquestionable character and possess good knowledge of administrative matters to serve for a period of two years which may be renewed for another period of two years.

 

Alteration of paragraph 21 of Part 1 of the Third Schedule

  1. Part I of the Third Schedule to the Constitution is altered by substituting the existing subparagraph (a) of paragraph 21 with a new subparagraph “(a)”:

“(a) recommend to the President from among the list of persons submitted to it by the Federal Judicial Service Commission, persons for appointment to the offices of 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, the President and Judges of the National Industrial Court, 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”.

 

Alteration of paragraph 5 of Part II of the Third Schedule

  1. Part II of the Third Schedule to the Constitution is altered in paragraph 5 by:

(a) substituting the words “the Attorney General of the State” in the existing subparagraph (b) with the words “the next most senior Judge of the High Court who shall be the deputy Chairman”.

(b) substituting the words “ten years” in line 2 of the subparagraph (e) with the words “fifteen years”.

 

Alteration of paragraph 6 of Part II of the Third Schedule

  1. Part II of the Third Schedule to the Constitution is altered in subparagraph (b) of paragraph 6 by inserting the words “provided that the judicial officer has been afforded the opportunity of being heard and a prima facie case has been established against him” immediately after the words “of this paragraph” in line 3.

 

Alteration of paragraph 1 of Part III of the Third Schedule

  1. Part III of the Third Schedule to the Constitution is altered in paragraph 1 by:

(a) substituting the words “the Attorney General of the Federation” in the existing subparagraph (b) with the words “the next most senior Judge of the Federal Capital Territory, Abuja who shall be the deputy Chairman”.

(b) substituting the words “one person who is a legal practitioner” in line 1 of subparagraph (e) with the words “two members who are legal practitioners” .

(c) substituting the words “twelve years” in lines 2 to 3 of subparagraph (e) with the words “fifteen years.

(d) substituting the words “one other person, not being a legal practitioner” in line 1 of subparagraph (f) with the words “two other persons, not being legal practitioners”.

 

Alteration of paragraph 2 of Part III of the Third Schedule

  1. Part III of the Third Schedule to the Constitution is altered in paragraph 2 by substituting the existing paragraph 2 with a new paragraph 2:

“2. The Committee shall have the power to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja, if any, magistrates, Area Court Judges, Customary Court Judges, and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja not otherwise specified in this Constitution and of the Judicial Service Committee of the Federal Capital Territory, Abuja.

 

Alteration of paragraph 15 of Part I of the Fifth Schedule

  1. Paragraph 15 of Part I of the Fifth Schedule to the Constitution is altered by:

(a) substituting the words “two other persons” in line 2 of subparagraph (1) with the words “six other persons”.

(b) inserting a new subparagraph “(lA)” immediately after the existing subparagraph (1).

“(lA) The quor.um of the Code of Conduct Tribunal as established under this Constitution shall consist of three Members to be presided over by the Chairman or next most senior member”.

Citation

 

  1. This Act may be cited as the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration) Act 2016.

 

EXPLANATORY MEMORANDUM

This bill seeks to alter the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to reflect the proposals initiated by the Judiciary and to provide for matters related thereto.

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