An Appraisal of the Constitutionality of Judicial Officers' Removal Under Nigeria's Democracy and the Way Forward

As a democratic nation practices separation of powers, which is a principle of law that ensures that the three arms of government must be independent from one another. However, the separation of powers upholds the principle of checks and balances, which is a procedure by which each of these arms controls the activities and actions of the other to ensure that none of them goes beyond its powers of power of operations. Where any arm of the government acts higher than its power, such action would be declared useless to the extent of its inconsistency with the provisions of the Constitution. This work, which is titled the Constitutionality of the Removal of Judiciary Officers under Nigerian Democracy, adopted a doctrinal methodology of research. The research has appraised the issues relating to the removal of the judiciary and the necessary steps toward an ideal judiciary in Nigeria by showing that the judiciary, the bar, the government, and the general public have different roles to play in achieving, the dream of a judiciary that is befitting Nigeria’s status. Like in other spheres of life, the judiciary and the Barr will have to champion this noble attainment. In addition, the Constitution has empowered the Code of Conduct Tribunal to oversee trial of certain public officers including judicial officers. This is intended to limit access to victimization and undue influence on judicial officers. It is our recommendation that clear-cut distinctions should be made between the role of the National Judiciary Council and the Code of Conduct. Bureau under the 1999 Constitution by enhancing a law for a better enforcement of court orders, especially on the executive for more effective and efficient workability of separation of powers and checks and balances. Finally, it is our conclusion that the laws regulating the procedures involved with the removal of judges are many and sufficient to ensure a seamless operation of the laws. However, the activities of the actors who execute these laws need more stringent and prompt compliance to ensure the integrity of the judiciary.