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
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