AN APPRAISAL OF THE EFFECTIVENESS OF THE DISCIPLINARY POWERS OF THE NATIONAL JUDICIAL COUNCIL OF NIGERIA

Abstract

The National Judicial Council of Nigeria was established and empowered to address issues of judicial arbitrariness, unethical conduct or such misconducts which have the potency to damage the integrity of the courts generally or undermine the personality or integrity of the individual judge as a person. However, there is a growing concern among Nigerians, that the disciplinary power of the National Judicial Council is not efficacious enough to address the rising cases of indiscipline, corruption and unethical behaviors, among holders of judicial positions in Nigeria. This work aimed at appraising the efficacy of the disciplinary powers of the National Judicial Council in addressing unethical conduct in the judiciary. The doctrinal method of legal research was employed and materials were collated from primary, secondary and tertiary sources. We found that the National Judicial Council is not adequately constituted and empowered to engender judicial discipline. Factors that have impaired her ability includes, but not limited to improper constitution of the body. We recommended among other reforms, that the Council should be constituted like a regular commission and membership appointed from retired judicial officers, who should be on full time appointment with the Council and not on part-time basis as is the case presently. This will among other things, enhance the efficacy of the disciplinary powers of the National Judicial Council and encourage a self-regulating and confidence building judiciary for the Nigerian people.