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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	67
34	Can members of the judiciary be held accountable for their actions?	67
35	Are there regulations governing conflicts of interest for the national-level judiciary?	79
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: These sections give conditions on appointments of federal level judges, mostly made by the president on the recommendations of the National Judicial Council.

References: Sections 231, 238, 250, Federal Constitution of Nigeria, 1999

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: National level judges are appointed based on years of formal legal training and experience in practicing, which varies depending on the court. These conditions are stated in the constitution and are strictly followed. In addition, the National Judicial Council sends a notice to the Nigerian Bar Association and the State Security Service asking them to give moral and legal reasons, if any, why the candidate should not be appointed.

References: 1. Barrister Rommy Mom, chariman of the Benue State, Nigerian Bar Associations and executive director, Lawyers Alert, Phone interview, Sept. 4, 2007 2. Barrister Hillary Ogbanna, program coordinator, Budget Advocacy, Action Aid International Nigeria (AAIN), AAIN's Office, Aug. 28, 2007

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: The constitution stipulates that these appointments be done by the president, on recommendation by the Judicial Service Commission. It is only the appointments of the chief judges of the various courts that must be confirmed by the Senate.

References: Sections 231, 238, 250, Federal Constitution of Nigeria, 1999

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: Judges are required to give their opinion in writing, but there is no requirement for them to explain the opinion in writing.

References: Section 294, Federal Constitution of Nigeria, 1999

Peer Review Comments: While section 294 provides that decision shall be delivered in writing,subsection (2) goes on to provide that 'Each Justice of the Supreme Court or the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion'

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: All judges give reasons for their decisions, backing them up with precedents and (where available) statutes. There aren't any known cases of other practices by federal judges.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: Federal Judicial Service Commission, Third Schedule, Section 12, Federal Constitution of Nigeria, 1999

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: Nothing in this section of the constitution guarantees this independence or talks about this specifically.

References: Third Schedule, Federal Constitution of Nigeria, 1999

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: This Commission rarely initiates investigations without petions from the public or members of the Bar. It also rarely cooperates with other agencies.

Peer Review Comments: Being a legal institution it is trite that the Agency only acts upon a petition otherwise there would be accusations of bad faith in the discharge of its duties. It is on record that the Commission has undertaken several investigations and made a number of significant rulings.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: The agency has been fairly effective in imposing penalties on judicial officers, after it establishes wrongdoing.

Peer Review Comments: Penalties on offenders come in form of judgments from the judicial disciplinary agency.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Section 290, Federal Constitution of Nigeria, 1999

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: 1. Section 6, Fifth Schedule, 1999 Federal Constitution 2. Section 10, Code of Conduct Bureau and Tribunal Act, 1991

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: The Code of Conduct Bureau (CCB) is to recieve and examine the asset declarations of public officers.

References: 1. Fifth Schedule, Section 11, 1999 Federal Constitution 2. Code of Conduct Bureau and Tribunal Act, 1991

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: This section restricts any person who has held a position as a judicial officer to appear or act as a legal practitioner before a court of law upon ceasing his appointment. It only focuses on appearences before a law court in Nigeria.

References: Section 292(1)

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: There has been no need to enforce the only restriction of non-appearance before a court of law imposed by the law. Judges do not ever try this. The generally retire after their appointment ceases.

Peer Review Comments: It is not true that there are no restrictions on Judges entering the private sector after leaving office. For one, they are not allowed to practice as Advocates in the Court even though they may practice as solicitors.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: Federal judges generally try to conform to these regualtions, although there have been instances of abuses of these regulations. The situation is worse it the state courts.

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: This has never been done. The position of the Code of Conduct Bureau (CCB) is that the law does not require this of them.

References: 1. Dr. Uyim Akpabio, director, Code of Conduct Bureau (CCB), CCB's Abuja office, Aug. 14, 2007; 2. Barrister Rommy Mom, chariman of the Benue State, Nigerian Bar Associations and executive director, Lawyers Alert, Phone interview, Sept. 4, 2007

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: There is no legal document stating this.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: These documents cannot be accessed as a matter of practice or law. The Code of Conduct Bureau (CCB) says the law empowers the National Assembly to make appropriate legislation, but they have failed to do so.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: These documents cannot be accessed as a matter of practice or law.