199. With respect to the independence of the judiciary, the Constitution establishes an independent judiciary and provides that courts at all levels shall be free from interference [or] influence of any governmental body, government official, or from any other source. Judges are to exercise their functions independently “directed solely by the law”. To buttress the independence of the judiciary, the Constitution guarantees security of tenure for the judges. Apart from the President and Vice-President of the Federal Supreme Court whom the HoPR has to appoint on the Prime Minister’s recommendation, other Federal judges are appointed by the HoPR from candidates selected by the Federal Judicial Administration Council. State judges are similarly appointed by the State Council from candidates nominated by the State Judicial Administration Council, in consultation with the Federal Judicial Administration Council. 200. Furthermore, the CRM learnt that remuneration and other terms and conditions of service for judges compare very favourably with those of other government employees. No judge may be removed from office except, (a) upon attaining the retirement age; or (b) upon the relevant Judicial Administration Council deciding to remove him for, (i) violation of disciplinary rules; (ii) gross incompetence or inefficiency; or (iii) inability to act on account of illness. Such decisions are subject to approval by the HoPR or the State Council, as the case may be. 201. During its interactive sessions at the State level, the CRM was informed that the independence of the judiciary is upheld at the State level but that there were occasional administrative interferences at the district levels. III. Recommendations 202. The APR Panel recommends to: • Step up efforts to uphold the principle of separation of powers in promoting good governance even within a parliamentary system of government. [Government and Legislature at federal and regional state levels] • Develop institutional frameworks for Parliamentary inter-party cooperation, particularly in the areas of the legislature’s oversight role. [Government and Legislature at federal and regional state levels] • Eliminate all forms of interferences with judicial independence, at whatever level they may exist. [Government and Legislature at federal and regional state levels] • Enhance awareness amongst all organs of state and government, civil society, and the general public, of the principle of independence of - 99 -

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