The Federal Judicial Service Commission derives its authority from Section 153(1) and Paragraph 12 & 13, Part I of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Establishes the Commission as one of the14 Federal Executive Bodies of the Federal Republic of Nigeria.
Defines the Commission's membership, including the Chief Justice of Nigeria, the President of the Court of Appeal, the AGF, the Chief Judge of the FHC, the President of the NIC, two legal practitioners, and two persons of unquestionable integrity.
Confers powers to advise on judicial appointments, recommend removals, and exercise disciplinary control over judicial staff.
As prescribed under Paragraph 12, Part I of the Third Schedule to the Constitution, the Commission is composed of:
The Chief Justice of Nigeria — who shall be the Chairman
The President of the Court of Appeal
The Attorney-General of the Federation
The Chief Judge of the Federal High Court
The President of the National Industrial Court
Two legal practitioners (qualified for not less than 15 years), from a list recommended by the Nigerian Bar Association
Two other persons, not being legal practitioners, of unquestionable integrity
The functions of the Commission are clearly spelt out in Paragraph 13 Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria,1999 (as amended) which stipulates that the Federal Judicial Service Commission shall have power to:
Advice the National Judicial Council in nominating
persons for Appointment, as respective Appointment to the office of:
(i) The Chief Justice of Nigeria,
(ii) A Justice of the Supreme Court,
(iii) The President of the Court of Appeal
(iv) A
Justice of the Court of Appeal,
(v) The Chief Judge of the Federal High
Court,
(vi) A
Judge of the Federal High Court,
(vii) The President of the National Industrial
Court,
(viii) A Judge of the National
Industrial Court, and
(ix) The Chairman and Members of the
Code of Conduct Tribunal
Recommend to the National Judicial
Council the removal from office of the Judicial officers specified in (Judicial Appointment section)
Appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the Judicial Service of the Federation not otherwise specified in the Constitution and the Federal Judicial Service Commission.
Also, Paragraph 22, Part I of the Third
Schedule to the Constitution of the Federal Republic stipulates that the
Secretary of the National Judicial Council shall be appointed by the National
Judicial Council on the recommendation of the Federal Judicial Service
Commission and shall be a Legal
Practitioner.