JUDICIAL SERVICE COMMISSION LAW
ARRANGEMENT OF SECTIONS
JUDICIAL SERVICE COMMISSION LAW
A Law to establish the Judicial Service Commission and for purposes connected therewith
[1979 (October – December) No. 2.]
[1st October, 1979]
The State Judicial Service Commission (hereafter in this Law referred to as “the Commission”) is hereby established.
(1) The Commission shall consist of—
(a) the Chief Judge of the State, who shall be the Chairman;
(b) the Attorney-General of the State;
(c) the President of the Customary Court of Appeal, if any;
(d) one member who is a legal practitioner, and who has been qualified to practise as a legal practitioner for not less than ten years;
(e) one other person, not being a legal practitioner, who in the opinion of the Governor is of unquestionable integrity.
(2) The Chairman and members of the Commission shall be appointed by the Governor and the appointment shall be subject to confirmation by a resolution of the State House of Assembly.
(1) No person shall be qualified for appointment as a member of the Commission if—
(a) he is not qualified or if he is disqualified for election as a member of the State House of Assembly;
(b) within the preceding ten years he has been removed as a holder of any office on the ground of misconduct.
(2) Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or member of the Commission: Provided that where such a person, not being an ex officio member of the State Council of Chiefs, has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment.
(3) No person shall be qualified for appointment to the Commission if, having previously been appointed as a member otherwise than as an ex officio member of the Commission, he has been reappointed for a further term as a member of the Commission.
Tenure of Office of Members
(1) A member of the Commission shall remain a member thereof—
(a) in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the Commission;
(b) in the case of a person who is a member otherwise than as an ex officio member, for a period of five years from the date of his appointment.
(2) A member of the Commission shall cease to be a member thereof if any circumstances arise that, if he were not a member of the Commission would cause him to be disqualified for appointment as such a member.
A member of the Commission shall only be removed from office by the Governor acting on an address supported by two-thirds majority of the State House of Assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misconduct.
The Commission shall have power subject to such conditions as may be prescribed—
(a) to advise the Governor in nominating persons for appointment, subject to approval of the State House of Assembly as respects the appointments of—
(i) the Chief Judge of the High Court of the State;
(ii) the President of the Customary Court of Appeal of the State, if any;
(b) to advise the Governor on the appointment of—
(i) Judges of the High Court of the State;
(ii) Judges of the Customary Court of Appeal, if any;
(c) to recommend to the Governor the removal from office of the judicial officers specified in paragraph (b) of this section and to exercise disciplinary control over such officers; and
(d) to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court , the Chief Registrar, if any, of the Customary Court of Appeal, Magistrates, Judges and members of Customary Courts.
(1) Members of the Commission shall be paid such salaries as may be prescribed by the State House of Assembly.
(2) The salaries payable to members of the Commission and their conditions of service other than allowances shall not be altered to their disadvantage after their appointment.
(1) The Secretary to the Commission shall be—
(a) a legal practitioner, who has been so qualified for not less than five years; or
(b) an officer in the public service of the State, not below the rank of Senior Assistant Secretary, deployed to the Commission by the Governor.
(2) The Secretary shall be responsible for the day-to-day administration of the affairs of the Commission and shall carry out such other duties as may be assigned to him by the Commission.
(3) The Secretary shall be assisted in his duties by such persons in the civil service as may be deployed to the Commission.
In exercising its powers to make appointments or to exercise disciplinary control over persons, the Commission shall not be subject to the direction and control of any other authority or person.
Three members of the Commission including the State Attorney-General shall constitute a quorum.
A decision of the Commission shall be taken by a majority of the members present and voting at a meeting of the Commission and each member shall be entitled to one vote but in the event of a tie the Chairman or other person presiding shall be entitled to a second or casting vote: Provided that no decision shall be taken without the supporting vote of the Attorney-General.
The Commission may, with the approval of the Governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions: Provided that in exercising such powers the Commission shall not confer powers or impose duties on any officer or authority of the Federation except with the prior approval of the President.
In this Law, unless the context otherwise requires—
any reference to “ex officio member” shall be construed as a reference to a person who is a member by virtue of his holding or performing the functions of an office in the public service of the State;
“function” includes power and duty;
“office” means an office in the public service of the State;
“President” means the President of the Federal Republic of Nigeria;
“State” means the Cross River State of Nigeria.
This Law may be cited as the Judicial Service Commission Law.
JUDICIAL SERVICE COMMISSION LAW
No Subsidiary Legislation