According to sections 20,21,and 22 of the 3rd
schedule of the 1999 Constitution;
-
The National
Judicial Council shall comprise the following
members-
a) the Chief Justice of
Nigeria who shall be the
Chairman;
b) the next most senior
Justice of the Supreme Court who shall be the Deputy
Chairman;
c) the President of the
Court of Appeal;
d) five retired justices
selected by the Chief Justice of Nigeria from the
Supreme Court or court of Appeal;
e) the Chief Judge of the
Federal High Court;
f) five Chief Judges of
States to be appointed by the Chief Justice of
Nigeria from among the Chief Judges of the States
and of the High Court of the Federal Capital
Territory, Abuja in rotation to serve for two years;
g) one Grand Kadi to be
appointed by the Chief Justice of Nigeria from among
Grand Kadis of the Sharia Courts of Appeal to serve
in rotation for two years;
h) one President of the
Customary Court of Appeal to be appointed by the
Chief Justice of Nigeria from among the Presidents
of the Customary courts of Appeal to serve in
rotation for two years;
i) five members of the
Nigerian Bar Association who have been qualified to
practice for a period of not less than fifteen
years, at least on of whom shall be Senior Advocate
of Nigeria, appointed by the Chief Justice of
Nigeria on the recommendation of the National
Executive Committee of the Nigerian Bar Association
to serve for two years and subject to reappointment:
Provided that the five
members shall sit in the Council only for the
purposes of considering the names of persons for
appointment to the superior courts of records; and
j) two persons not being
legal practitioners, who in the opinion of the Chief
Justice of Nigeria, are of unquestionable integrity.
21. The National Judicial
Council shall have power to-
a) recommend to the
President from among the list of persons submitted
to it by-
i. the Federal Judicial
Service Commission, persons for appointment to the
offices of the Chief Justice of Nigeria, the
Justices of the Supreme Court, the President and
Justices of the Court of Appeal, the Chief Judge and
Judges of the Federal High Court, and
ii. the Judicial Service
Committee of the Federal Capital Territory, Abuja,
persons for appointment to the offices of the Chief
Judge and Judges of the High Court of the Federal
Capital Territory, Abuja, the Grand Kadi and Kadis
of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja and the President and Judges of the
Customary Court of Appeal of the Federal Capital
Territory, Abuja;
b) recommend to the
President the removal from office of the Judicial
officers specified in sub-paragraph (a) of this
paragraph, and to exercise disciplinary control over
such officers;
c) recommend to the
Governors from among the list of persons submitted
to it by the State Judicial Service Commissions
persons for appointments to the offices of the Chief
Judges of the States and Judges of the High Courts
of the States, the Grand Kadis and Kadis of the
Sharia Courts of Appeal of the States;
d) recommend to the
Governors the removal from office of the judicial
officers specified in sub-paragraph (c) of this
paragraph, and to exercise disciplinary control over
such officers;
e) collect, control and
disburse all moneys, capital and recurrent, for the
judiciary;
f) advise the President
and Governors in any matter pertaining to the
judiciary as may be referred to the Council by the
President or the Governors;
g) appoint, dismiss and
exercise disciplinary control over members and staff
of the Council;
h) control and disburse
all monies, capital and recurrent, for the services
of the Council; and
i) deal with all other
matters relating to broad issues of policy and
administration.
22. The Secretary of the
Council shall be appointed by the National Judicial
Council on the recommendation of the Federal
Judicial Service Commission and shall be a legal
practitioner.