THE IMPROPRIETY OF THE APPOINTMENT AND REMOVAL OF JUDGES BY THE EXECUTIVE

ABSTRACT

The Executive, Legislative, and Judicial arms of government comprise the three branches of government in Nigeria. As the third branch of the government, the judiciary’s main responsibility is to dispense justice. In order to critically assess the judicial branch of government and the laws governing judicial officers in Nigeria, this research will concentrate on the process for the appointment and removal of judicial officers in Nigeria by the executive. The Constitution of the Federal Republic of Nigeria 1999 (as amended) expressly grants executive authority to nominate, dismiss, and execute disciplinary measures against judicial officers. Judicial officers are those people who occupy any judicial post that is specifically mentioned in the Constitution. Unfortunately, there have been some disagreements on which branch of government has the authority to name, suspend, and remove judicial officers from office. According to the provisions of section 292 (1) (a) (ii) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), there have been attempts by some Governors to remove senior judicial officers, in particular the Chief Judge, based on a resolution passed by a two-thirds majority of the relevant House of Assembly.