Ogun AG Rejects NASS Proposal for 5-Year Tenure for Judicial Heads

The Ogun State Attorney General and Commissioner for Justice, Oluwasina Ogungbade, SAN, has criticized the recent move by the House of Representatives to introduce a five-year tenure for the Chief Justice of Nigeria (CJN), President of the Court of Appeal, Chief Judges of the 36 states, and other heads of courts in the country.

Ogungbade expressed his reservations during an interview on Frontline, a current affairs program on EAGLE 102.5 FM.

The proposed legislation, part of the constitutional amendment bills being reviewed by the House Committee on Constitution Review, seeks to alter Section 29 of the 1999 Constitution (as amended) by adding a new subsection. The bill, sponsored by Manu Soro, representing the Darazo/Ganjuwa federal constituency of Bauchi State, aims to limit the tenure of judicial heads to five years.

Speaking on the matter, Ogungbade described the proposal as unnecessary, arguing that the judiciary has functioned effectively under the established principle of seniority.

"If you ask me, it is totally unnecessary. There is a saying that, if it is not broken, you don’t even try to fix it. The judiciary has operated under the principle of seniority and that has brought about a lot of certainty, but this proposal to now limit the terms of Chief Judges and CJN will create a lot of problems," he stated.

The Attorney General further highlighted the current retirement framework for judicial heads, which allows them to serve until they reach 70 years of age or complete 35 years of service. He warned of the potential dangers of altering this system.

"For example, if somebody becomes Chief Judge or CJN at 68 years old, will he serve until the age of 73? Or, at the other end of the spectrum, if someone becomes the CJ at the age of 52, will he leave at the age of 57?" Ogungbade questioned.

Citing examples from other countries, the Senior Advocate of Nigeria pointed out that in the United States, where Nigeria’s judicial system draws inspiration, the Chief Justice serves without a fixed term until they retire or pass away.

"There is no need to change a flawless system," he emphasized, adding that the proposed changes could introduce uncertainty and disrupt the effectiveness of the judiciary.