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CJN Demands 45 Constitutional Amendments Done For Judiciary



Constitution Review: Why NJC Should Determine Judges' Salaries - CJN

The Chief Justice of Nigeria (CJN), Ibrahim Muhammad, has asked that 45 constitutional amendments be done for the judiciary

He noted that the National Judicial Council (NJC) should be allowed to fix and review the salaries of judges every four years.

Muhammad said this in the paper he presented as recommendations of the judiciary at the national public hearing organised by the Senate Committee on review of the 1999 Constitution on Thursday in Abuja.

In the 17-page paper titled “Input by the Judiciary to the Proposed Alteration to the 1999 Constitution (As Amended)’’, the CJN asked that 45 constitutional amendments be done for the judiciary.

According to a statement by his spokesperson, Ahuraka Isah, the CJN said in item 38, the CJN wants Part 1 of the Third Schedule Paragraph 21 to the Constitution to be altered to include sub-paragraph ‘h’ to the effect that NJC should “fix, in conjunction with salaries and wages commission, salaries and other emoluments of judicial staff; in the case of judicial officers, to review such salaries no later than four years.”

Presently, Section 84 (1) of the constitution states that the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) is responsible for reviewing judges’ salaries.

This was made possible by the enactment of the ‘Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008′, which took effect on February 1, 2007.

The CJN said judges’ salaries have remained the same for about 13 years because the Act has not been reviewed since 2008.

He also asked for the constitution to be amended for the NJC secretary position to be “at par with that of the clerk of the national assembly”.

Muhammad also proposed that the new amendment 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.

Furthermore, the CJN wants persons to be appointed as justices of the supreme court should have not less than 25 years of post-call-to-bar experience.

The statement reads: “All the 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 three justices of the apex court sitting in the chamber.

“He called for the number of the court of appeal Justices pegged at 49 in the constitution under Section 237 be amended now to no less than 100 justices.

“The judiciary is now to exercise control over the Code of Conduct Tribunal (CCT), as the Federal Judicial Service Commission (FJSC) is to advice the NJC in nominating persons for appointment as the chairman and members of the CCT.”