ARE MEMBERS OF THE CODE OF CONDUCT TRIBUNAL UNDER THE DISCIPLINARY AUTHORITY OF THE NATIONAL JUDICIAL COUNCIL?
The removal from office of the former Chief Justice of Nigeria, Honorable Justice Walter Samuel Nkanu Onnoghen apparently generated a lot of controversies in recent times. One of the major issues that is being debated on is whether the chairman and members of the Code of Conduct Tribunal are under the disciplinary authority of the National Judicial Council? The chairman of the Code of Conduct Tribunal, Justice Danladi Umar has in a statement said that members of the Code of Conduct Tribunal are not judicial officers and therefore not constitutionally subject to any disciplinary proceedings by either the National Judicial Council or the Federal Judicial Service Commission but the Presidency1. The constitutionality or otherwise of this argument and assertion is the focus and aim of this article. The article examines the Constitution of the Federal Republic of Nigeria, 1999 as amended with regard to the status of the chairman and members of the Tribunal vis-a-vis the disciplinary authority of the National Judicial Council. It is found that the chairman and members of the Code of Conduct Tribunal are not under the disciplinary authority of the National Judicial Council. The article concludes by recommending the subjection of the members of the Tribunal to the disciplinary authority of the National Judicial Council. In writing this article doctrinal research method was used to collate materials.