EXPLORING CONSTITUTIONAL PROVISIONS ON EXCLUSIVE RIGHTS AND PRIVILEGES OF A LEGAL PRACTITIONER: APPRAISAL OF THE RIGHT TO APPOINTMENT AS JUDICIAL OFFICER

Abstract

This paper delved into some of the exclusive rights of a lawyer provided in the Constitution of the Federal Republic of Nigeria with particular reference to the right to be appointed a judicial officer. Relevant provisions of the Constitution were considered in order to ascertain the full import of this right; whether it is the exclusive preserve of lawyers or not. The Constitution established superior courts having appellate and supervisory jurisdictions, and presided over by judicial officers. However, from the provisions of the Constitution, non-lawyers can preside over some superior courts. If judicial office is the exclusive right of lawyers, then should non-lawyers be given such right too? Would it be apt to say that a judicial office is the exclusive preserve of legal practitioners, but there are exceptions? The paper contends that it is but there shouldn’t be any exception in the light of conjunctive reading of relevant sections of the Constitution. The academic qualifications required of certain judicial officers viz-a-viz that of Magistrates were considered. Judicial decisions on the principles of interpretation of the Constitution were also considered. Thus, the paper calls for judicial interpretation of certain sections of the Constitution referred to, and subsequent amendment by the National Assembly, where applicable.