State courts

As hinted above, the principal removal process is initiated by the NJC. Upon receiving a complaint against a judge, the NJC undertakes initial investigation and, should the complaint be of ´sufficient seriousness´, a Committee or Panel of Inquiry is established to investigate the allegations. Full legal representation is afforded to both the complainant and the accused. Aside from the NJC process, a separate one exists for violating the Code of Conduct for Public Officers, where a Code of Conduct Tribunal is established to investigate. The Tribunal has three members: a judge, who chairs it, and two other members appointed by the president on the NJC´s recommendation. The judge who breaches the Code may be removed from office, but has the right of appeal to the federal court of appeal.

Judges who are heads of a federal court are removed by the president acting on an address supported by a two thirds majority of the Senate. Other federal court judges are removed also by the president, but on the recommendation of the NJC.²¹⁵

proceedings, Sharia courts hear criminal proceedings in all 12 states where Islamic law applies, and a Zamfara State law specifically requires a Sharia court to hear all criminal cases involving Muslims.²²² State-level Sharia courts generally apply Islamic law in accordance with their rules of procedure.

Defendants have the right to challenge the constitutionality of Sharia criminal statutes through civil- law appellate courts. Federal appellate courts, particularly the Supreme Court, have not ruled on whether punishments prescribed by Sharia such as amputation and stoning violate the constitution, because no relevant cases reached the federal level. ²²³ While the highest appellate court for Sharia- based decisions is the Supreme Court, the common-law judges who form its staff are not required to have any formal training in the Sharia penal code and as such, experts on Islamic law often advise them.²²⁴

6.2.2 Capacity

Judges of state courts are appointed by state governors and, as with federal courts, the NJC is the prime advisory body in this regard. Whereas on the federal level it is advised by the FJSC, on the state level it is advised by a state Judicial Service Commission (JSC) in each state. A state JSC has eight members: three judicial members (the Chief Judge of the state and two other judges); the Attorney- General of the state; two qualified legal practitioners; and two members appointed by the Governor.

The appointment of a chief judge of a state must be confirmed by the House of Assembly of that state.²²⁵

As with federal court judges, the number of years a judge has been called to the Bar is a determining factor in his appointment at state level (including Sharia courts and customary courts). Different years apply for different judicial appointments.²²⁶

The disciplinary and removal processes are consistent in every way with those on a federal level (see previous chapter). The only difference is that judges who are heads of a state court are removed by the president acting on an address supported by a two thirds majority of the relevant state House of Assembly.²²⁷

As with federal court judges, the training of state court judges is provided primarily by the NJI (see Sections 6.1 and 6.1.2).

Specific accounts however mention over 22 000 cases pending in courts in Cross River State in late 2017, including motions, civil and criminal cases²²⁸, and over 500 cases of financial crime pending before the high court of Lagos State in early 2018.²²⁹ As of 16 July 2018, of the total prison population (73 631), 68.1 % were pre-trial detainees.²³⁰

6.2.3 Integrity

As mentioned in the previous chapter on federal courts, the Nigerian judiciary is described by sources as suffering from corruption, political interference and lack of training, amongst other things. Again,

222 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; US DoS, 2017 Report on International Religious Freedom – Nigeria, 29 May 2018, url; US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url

223 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; Yemisi Dina, et al., UPDATE: Guide to Nigerian Legal Information, November/December 2015, url

224 US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url

225 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, p. 176

226 Nigeria, Constitution of the Federal Republic of Nigeria, 1999, n.d., url

227 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, p. 176-177

228 Daily Post, Over 22,000 cases pending in Cross River courts, 22 September 2017, url

229 Sahara Reporters, 500 Financial Crimes Cases Pending In Lagos Courts, Says Lagos State Chief Judge, 1 February 2018, url

230 WBF, Nigeria, n.d., url

lower level (i.e. local) courts are usually specified as the most affected, and it is not mentioned whether and to what extent these issues apply to state courts and their officials.²³¹

State judges can be removed from office in the same manner and under the same circumstances as federal judges.²³² See Section 6.1.3.

231 Australia, DFAT Country Information Report Nigeria, 9 March 2018, url, p. 30; UNODC, Corruption in Nigeria, 31 July 2017, url, p. 7; US DoS, Country Report on Human Rights Practices 2017 – Nigeria, 20 April 2018, url

232 van Zyl Smit, J., The Appointment, Tenure and Removal of Judges under Commonwealth Principles, 2015, url, pp. 176-177

7. National Human Rights Commission