Why CJN wants review of 1999 constitution.
The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, has asked the National Assembly to mandate the National Judicial Council (NJC) to fix and review salaries of judges every four years.
The CJN made the submission in a paper he presented as recommendations of the judiciary, at a national public hearing the Senate Committee on review of the 1999 Constitution, held in Abuja on Thursday.
The paper is titled: “Input by the Judiciary to the Proposed Alteration to the 1999 Constitution (as Amended)’’, which the CJN submitted before the Senate Committee, contained 45 constitutional amendment proposals on expected reforms in the Nigerian judiciary.
He said:”the NJC should collect, control and disburse all monies, capital and recurrent, for the judiciary.
“Part 1 of the third Schedule Paragraph 21 to the Constitution should be altered to include sub-paragraph ‘h’ to the effect that NJC should in conjunction with the Salaries and Wages Commission, fix salaries and other emoluments of Judicial Staff, in the case of Judicial Officers, to review such salaries no later than four years from the last exercise.
“By the dictate of Section 84 (1), the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) reviewed judges’ salary by the enactment of Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008’’ which came into force on February 1, 2007.
“Since this Act has not been reviewed with effect from 2008, judges’ salaries have remained the same for about 13 years,” he added.
The CJN also asked for the constitution to be amended for NJC’s Secretary seat to be at par with that of the Clerk of the National Assembly.
The constitution he said should categorically state that the CJN is the head of the judiciary of the Federation; just as he called for the Supreme Court Bench to be reduced from 21 to 16.
“Persons to be appointed Supreme Court Justices should not be less than 25 years of post call to Bar,”.
According to him also, all appeals from the Court of Appeal to the Supreme Court should be by leave of the Supreme Court and the application for leave can be determined by 3 justices of the apex court sitting in chambers.
He also recommended that the number of the Court of Appeal Justices to be pegged at 49 in the constitution under Section 237 which now reads: ‘no less than 100 justices’.
He also proposed that the judiciary should exercise control over the Code of Conduct Tribunal (CCT), as the Federal Judicial Service Commission advises the NJC in nominating persons for appointment as the Chairman and members of the CCT.
