State Judicial Service Commission Law

1. Citation. This Law may be cited as the State Judicial Service Commission Law.

2. Interpretation. In this Law - “Commission” means the State Judicial Service Commission; “Constitution” means the Constitution of the Federal Republic of Nigeria, 1999; “function” include powers and duties; “Law” includes Acts, Rules, Regulations and Orders; “magistrate” includes all grades of magistrates; “Registrar” includes Chief Registrar and Deputy Chief Registrar; “misconduct” means breach of Oath of Allegiance or Oath of Office of a member or a breach of provisions of the Constitution of Nigeria or bribery or corruption or false declaration of assets and liabilities or conviction for treason or a treasonable felony; “ex officio member” means 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; “State” means Delta State of Nigeria.

3. Establishment and composition of the Commission. (1) There is hereby established for the State a State Judicial Service Commission which 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 of the State; (d) two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in Nigeria for not less than ten years, who shall be nominated by the five branches of the Nigeria Bar Association in Delta State; (e) two other persons, not being legal practitioners who in the opinion of the Governor are of unquestionable integrity. [S. 197 of the Constitution, 1999.] (2) The Secretary of the Commission shall be a Civil Servant of the grade of a Permanent Secretary appointed by the Government on the recommendation of the Head of Service.

4. Functions of the Commission. The functions of the Commission shall be - (a) to advise the National Judicial Council on suitable persons for nomination to the office of - (i) the Chief Judge of the State; (ii) the President of the Customary Court of Appeal of the State; (iii) Judges of the High Court of the State; (iv) Judges of the Customary Court of Appeal of the State. (b) subject to the provisions of the Constitution to recommend to the National Judicial Council the removal from office of the Judicial Officers specified in subparagraph (a) of this paragraph; (c) to appoint, dismiss, confirm, promote and exercise disciplinary control over the - (i) Chief Registrar of the High Court; (ii) Deputy Chief Registrar of the High Court; (iii) Chief Registrar of Customary Court of Appeal; (iv) Magistrates; (v) Area and District Customary Court Presidents and members; (vi) Registrars; and (vii) all other members of staff of the Judicial Service of the State not otherwise specified in the Constitution; and (d) such other functions as may be vested in the Commission by virtue of any other Law.

5. Appointment of members. Except ex officio members, the members of the Commission shall be appointed by the Governor of the Stale subject to confirmation by a resolution of the House of Assembly of the State.

6. Tenure of office of members. (1) A member other than an ex officio member of the Commission shall hold office for a period of five years from the date of his appointment. (2) A member of the, Commission shall cease to be a member if an circumstances arise that, if he were not à member of the Commission would cause him to be disqualified for appointment as such a member.

7. Remuneration. (1) There shall be paid to members such remuneration, salaries and allowances as are payable to members of the Civil Service Commission: Provided that the ex officio members shall not be paid twice from the public funds of the State. (2) The remuneration, salaries and allowances of members shall be Charged on the Consolidated Revenue Fund of the State.

8. Conditions of Service. (1) The members shall also enjoy such conditions of service as may be stipulated by the House of Assembly from time to time or the Revenue Mobilisation Allocation and Fiscal Commission provided the former does not exceed the latter. (2) The remunerations, salaries, allowances and conditions of service of members shall not be altered or reviewed to their disadvantage after their appointment. (3) Nothing in this Law shall prevent the implementation of any other Law providing for better conditions of service for the members of the Judicial Service Commission or the implementation of any decisions of the Revenue Mobilisation Allocation and Fiscal Commission provided the former does not exceed the latter. (4) For the avoidance of any doubt, no terminal gratuity is payable to any member on cessation of his office under this Law.

9. Removal of members. Except in the case of ex officio members, other members of the Commission shall be removed from office by the Governor of the State, acting on the address supported by two- thirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of the mind or body or any other case) or for misconduct.

10. Independence of the Commission. In exercising its power to make appointment or to exercise disciplinary control over persons in the State the Commission shall not be subject to the directive and control of any authority or person.

11. Quorum. (1) The quorum for any meeting of the Commission shall not be less than one-third of the total number of members. (2) A member of the Commission shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of the Commission by a majority of the members present at a meeting. (3) Whenever the Commission is assembled for a meeting the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting vote as well as a deliberative vote. (4) Subject to its rules or procedure, the Commission may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

12. Powers and procedure. (1) Subject to subsection (2) of this section, the Commission may with the approval of the Governor, by rules or otherwise regulate its own procedure or confer power or impose duties on any officer or authority for the purpose of discharging its function. (2) In the exercise of any power under subsection (1) of this section the Commission shall not confer powers or impose duties on any officers or authority of the State except with the approval of the Governor.