APPRAISAL OF THE LEGAL REGIME FOR CONTROL AND DISCIPLINE OF JUDICIAL OFFICERS IN NIGERIA

Abstract

In Nigeria, as in other countries of the world, judges occupy a real privileged position which springs from public recognition that governance and society can only function fairly and properly within a framework of laws administered justly and fairly by men and women who owe obligation to nothing other than the law and justice itself. Their social roles demand that judges must not be and should not be subjected to disciplinary sanctions or premature retirement on account of reaching decisions that do not find favour with the powers that be or with powerful vested interests, or even with prevailing public opinion. Recently, there has been concern among scholars as to the existence of sufficient legal framework which regulates judicial control and discipline, given the despicable manner some judges and justices were been molested, humiliated and embarrassed by the government and security agencies. It is with a view to appraising the legal framework and to address possible lapses, if any, that this research was untaken. The doctrinal method of legal research was employed and materials were collected from primary, secondary and internet sources. We found that the extant legal framework for the control and discipline of Judicial Officers in Nigeria is not sufficient enough to address issues of judicial intimidation, harassment and wanton attack by the executive. We recommend among other things for the enactment of a law to be known as ‘Judicial Immunity and Discipline Regulations Act’ to protect judges from wanton attack and intimidation and to upgrade the 2017 Revised Judicial Discipline Regulations Guideline of the National Judicial Council to an Act of the National Assembly with the requisite force of law. These among others, will in no small measure enhance the legal framework for judicial control and discipline in Nigeria.