HB. 144-A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) TO AMONG OTHER THINGS EXPAND THE MEANING OF JUDICIAL OFFICE AS SET OUT IN SECTION 318, PART IV TO INCLUDE THE OFFICE OF A MAGISTRATE AND FOR RELATED MATTERS. Bill Progress: Committee Stage
This Bill seeks to alter the provisions of the Constitution to include the office of a
magistrate under classification as a judicial officer in Section 318 (1) of the Constitution of the Federal Republic of Nigeria. HB. 1444 is a Bill seeking to alter the 1999 Constitution of the Federal Republic of Nigeria (as amended) to expand the meaning of “judicial office” as set out in Section 318, Part IV, to include the office of a Magistrate, and for related matters.
Here’s a breakdown of what this means and its significance:
Understanding Section 318, Part IV of the 1999 Constitution
Section 318 of the 1999 Constitution is the “Interpretation” section. It defines various terms used throughout the Constitution. Specifically, it currently defines “judicial office” as:
“judicial office” means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the Chief Judge or Judge of a High Court of a State, a Grand Kadi or Kadi of a Sharia Court of Appeal, the President or Judge of a Customary Court of Appeal, or a Judge of the National Industrial Court.
Noticeably absent from this definition are Magistrates and other lower court judicial officers.
Objectives of HB. 1444
By expanding the meaning of “judicial office” to include Magistrates, HB. 1444 aims to:
Elevate the Status of Magistrates: This is a primary objective. Including Magistrates within the constitutional definition of “judicial office” would formally recognize their significant role in the administration of justice, particularly at the grassroots level where they handle a vast number of cases.
Extend Constitutional Protections: Currently, many constitutional provisions and protections afforded to “judicial officers” (such as security of tenure, financial autonomy, and specific removal procedures) do not explicitly apply to Magistrates because they are not included in the definition. This bill would likely extend some or all of these protections to Magistrates, thereby enhancing their independence and safeguarding them from arbitrary interference.
Improve Welfare and Conditions of Service: With the elevated status and inclusion under constitutional provisions for judicial officers, it’s highly probable that the bill seeks to regularize and improve the salaries, allowances, and retirement benefits of Magistrates, which have historically been a point of concern.
Strengthen the Lower Courts: By providing greater security and better conditions for Magistrates, the bill aims to attract and retain qualified legal professionals in the lower courts, ultimately strengthening the entire judicial system.
Harmonize Judicial Administration: It would bring Magistrates under a more consistent and unified framework of judicial administration, potentially making their appointment, discipline, and removal procedures more aligned with those of superior court judges, likely under the oversight of the National Judicial Council (NJC) or State Judicial Service Commissions in a more defined manner.
Significance
The inclusion of Magistrates in the constitutional definition of “judicial office” is a significant reform because:
Access to Justice: Magistrates’ Courts are often the first point of contact for citizens seeking justice, especially for minor civil and criminal matters. Strengthening these courts is crucial for effective access to justice.
Judicial Independence: Extending constitutional protections to Magistrates is vital for their independence. Without such protection, they can be more susceptible to political influence or pressure, which undermines the rule of law.
Workload: Magistrates handle an enormous volume of cases. Recognizing their office constitutionally reflects the importance of their contribution to the justice system.
Sponsor
According to information from the Policy and Legal Advocacy Centre (PLAC), a similar bill (Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 24, 2022 (Expansion of the Interpretation of “Judicial Office” –Section 318)) which aligns with the objectives of HB. 1444 has been part of the National Assembly’s constitution alteration efforts.
While the exact individual sponsor of this specific HB. 1444 might require checking the most current legislative records, bills of this nature, especially those impacting the judiciary, are often either Executive Bills (submitted by the President, as suggested by some reports for similar judiciary bills) or Bills emanating from the House/Senate Committee on Constitution Review, or even sponsored by key legislative leaders committed to judicial reform.
Given the timing (current date: July 23, 2025), if this bill has already been introduced, its sponsor would be a current member of the National Assembly or it would be an executive bill.
