The Gambia 2020 Draft Constitution

CHAPTER X. JUDICIARY

PART I. PRINCIPLES GOVERNING THE ADMINISTRATION OF JUSTICE

171. Principles of justice

1. The courts are the fountain of justice and the last bastion of hope in upholding, promoting and protecting the rule of law thereby ensuring adherence to law and order for an orderly and peaceful society.
2. In administering justice, the courts shall be guided by and observe the following principles–
   1. justice is to be done to all, without regard to the social, economic or other status of any person;
   2. the dispensing of justice must be carried out with efficiency and effectiveness without any undue delay;
   3. reasonable compensation must be awarded to victims of wrongdoing committed by other persons, and in accordance with this Constitution and other laws;
   4. it is important to recognise, encourage, promote and strengthen other forms of dispute resolution, including mediation, reconciliation, arbitration and traditional and community methods of settling disputes so long as they are not repugnant to justice or morality;
   5. justice is to be administered without undue regard to procedural technicalities; and
   6. the purpose and principles of this Constitution must be protected and promoted.

172. Judicial authority

1. The judicial authority of The Gambia is vested in the Judiciary and shall be exercised by the courts established under this Constitution and any Act of the National Assembly.
2. No person, including the President, National Assembly and any organ or agency of the State, shall have or in any way or method exercise any power to take or transfer the judicial authority of The Gambia from the courts.

173. Independence of the Judiciary

1. The Judiciary is an independent organ of the State and every holder of judicial office is subject only to this Constitution and the law and, in the exercise of judicial power or the performance of judicial function, shall not be subject to the control or direction of any other person or authority.
2. The Government and all Departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.
3. No organ of State shall, directly or indirectly, engage in any activity that has the effect of coercing, hindering, frustrating or impeding, the Judiciary in the discharge of its functions.
4. The office of a judge of a superior court shall not be abolished while there is a substantive holder of the office.
5. The remuneration and benefits payable to or in respect of the holder of a judicial office shall–
   1. be a charge on the Consolidated Revenue Fund; and
   2. not be varied to the disadvantage of the holder of the judicial office.
6. The retirement benefits of a retired judge of the superior courts shall not be varied to his or her disadvantage during his or her lifetime.
7. A member of the Judiciary shall not be liable to any action or suit in respect of anything done or omitted to be done in good faith in the lawful exercise of a judicial power or performance of a judicial function.

PART II. OFFICE OF CHIEF JUSTICE AND JUDICIAL SYSTEM

174. Establishment of the Office of Chief Justice

1. There is established the Office of Chief Justice of The Gambia who shall be the head of the Judiciary.
2. The Chief Justice shall be–
   1. a citizen of The Gambia; and
   2. responsible for the administration and supervision of the courts and may, in that regard, issue such orders and directions as the Chief Justice deems fit.
3. The Chief Justice shall, before assuming office, subscribe to the prescribed oath in Schedule 2.
4. An Act of the National Assembly may provide for the making of rules by the Chief Justice or such other authority as may be specified in the Act for regulating the practice and procedure of the courts.

175. The courts and judicial power

1. The courts of The Gambia comprise–
   1. the superior courts established in Part III;
   2. a Court Martial, established under an Act of the National Assembly; and
   3. the Magistrates’ Court, the Shari’ah Court, the District Tribunals and such lower courts and tribunals as may be established by an Act of the National Assembly.
2. The superior courts, in addition to any other power conferred on them, shall each–
   1. be a superior court of record with power to commit for contempt to itself and all such powers as are vested in a court of record; and
   2. have, in relation to any matter within its jurisdiction, power to issue such orders and directions as may be necessary to ensure the enforcement of any judgment, decree or order of the court.
3. The Chief Justice shall make rules in relation to the supervisory jurisdiction of the High Court and Shari’ah High Court.

PART III. THE SUPERIOR COURTS AND JURISDICTION

i. The Supreme Court

176. Establishment, composition and general powers of the Supreme Court

1. There is established the Supreme Court which shall comprise–
   1. the Chief Justice; and
   2. not less than four, and not more than twelve other judges, at least one of whom shall be qualified in Shari’ah, and who shall, subject to section 190 (3), be citizens of The Gambia.
2. The Chief Justice may in any particular case where it is expedient to do so, appoint in writing a judge of the Court of Appeal to sit in the Supreme Court for the determination of a particular cause or matter.
3. In any cause or matter before the Supreme Court involving the application or interpretation of Shari’ah, the Chief Justice shall, to the extent feasible ensure that judges of the Court competent in Shari’ah constitute the Court to hear and determine the appeal.
4. Subject to subsection (5), the Supreme Court shall, for the purposes of its proceedings, be constituted by an uneven number of not less than five judges of the Court.
5. A single judge of the Supreme Court may exercise the powers of the Court in any interlocutory matter which may be subject to a fresh application to a bench of five judges of the Court.
6. The Chief Justice shall preside at sittings of the Supreme Court and, in his or her absence, the most senior of the other judges of the Court shall preside.
7. The Supreme Court may sit at any place in The Gambia appointed by the Chief Justice.

177. Jurisdiction of the Supreme Court

1. The Supreme Court shall–
   1. be the final court of appeal for The Gambia;
   2. have such appellate and other jurisdiction as may be conferred on it by this Constitution or any other law; and
   3. not have original jurisdiction in respect of any criminal matter.
2. For the purpose of the hearing and determination of any cause or matter within its jurisdiction, the Supreme Court shall have all the powers conferred by law on any other court established by this Constitution or any other law.

178. Supervisory jurisdiction

1. The Supreme Court has supervisory jurisdiction over all other superior courts and may, in the exercise of that supervisory jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory powers.
2. The Chief Justice shall make rules in relation to the supervisory jurisdiction of the Supreme Court over other superior courts.

179. Original jurisdiction

1. The Supreme Court has exclusive original jurisdiction–
   1. for the interpretation or enforcement of any provision of this Constitution, other than any provision of sections 31 to 69 and 72 (4) (which relate to fundamental rights and freedoms);
   2. on any question whether any law was made in excess of the powers conferred by this Constitution or any other law upon the National Assembly or any other person or authority; and
   3. on any question as to whether or not a person was validly elected to the Office of President or was validly elected to, or vacated his or her seat in, the National Assembly.
2. Where any question referred to in subsection (1) (a) or (b) arises in any proceedings in any other court, that court shall stay its proceedings and refer the matter to the Supreme Court for its determination, and such other court shall give effect to any decision of the Supreme Court in the matter.

180. Appellate jurisdiction

1. An appeal shall lie to the Supreme Court as of right–
   1. from any judgment of the Court of Appeal on an appeal in any civil or criminal cause or matter originating from a judgment of the High Court or Shari’ah High Court;
   2. from any judgment of the Court of Appeal on an appeal in a matter originating from a judgment of a Court Martial;
   3. from any judgment of the Court of Appeal on a petition as to whether or not a person was validly elected at a Local Government election.
   4. from any judgment of the Court of Appeal on an appeal against an adverse finding of a commission of inquiry; and
   5. in such other case as may be prescribed by an Act of the National Assembly.
2. An appeal shall lie to the Supreme Court with the leave of the Court of Appeal from a judgment of the Court of Appeal in any cause or matter commenced in a court other than the High Court or Shari’ah High Court if the Court of Appeal is satisfied that–
   1. the case involved a substantial question of law; or
   2. it is in the public interest that the cause or matter should be heard by the Supreme Court.
3. The Supreme Court may entertain an application for special leave to appeal to the Court in any other judgment of the Court of Appeal.
4. An appeal shall lie to the Supreme Court, in any case referred to in subsection (1), (2) or (3)–
   1. at the instance of a party to the proceedings in the Court of Appeal;
   2. with the leave of the Supreme Court or the Court of Appeal, at the instance of any other person having an interest in the matter; or
   3. in a criminal cause or matter, at the instance of the Director of Public Prosecutions acting in the interest of justice and for the avoidance of abuse of the legal process.

181. Power of the Supreme Court to review its decision

1. The Supreme Court may, on application made to it, review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court.
2. The Supreme Court shall, when reviewing its decision under subsection (1), be constituted by not less than seven judges of the Court.
3. All other courts shall be bound to follow the decisions of the Supreme Court on a matter of law.

ii. The Court of Appeal

182. Establishment and composition of the Court of Appeal

1. There is established the Court of Appeal which shall comprise–
   1. the President of the Court of Appeal, who shall be a citizen of The Gambia; and
   2. not less than four other judges of Gambian citizenship, at least one of whom shall be qualified in Shari’ah, and who shall, subject to section 190 (3), be citizens of The Gambia.
2. The Chief Justice may in any particular case where it is expedient to do so at the request of the President of the Court of Appeal, appoint in writing a judge of the High Court to sit in the Court of Appeal for the determination of a particular cause or matter.
3. Subject to subsection (5), the Court of Appeal shall be constituted by three judges of the Court.
4. In any cause or matter before the Court of Appeal involving the application or interpretation of Shari’ah, the President of the Court shall, to the extent, feasible ensure that judges of the Court competent in Shari’ah constitute the Court to hear and determine the appeal.
5. A single judge of the Court of Appeal may exercise the powers of the Court in any interlocutory matter which may be subject to a fresh application to a bench of three judges of the Court.
6. The President of the Court of Appeal shall preside at sittings of the Court, and in his or her absence, the most senior of the other judges of the Court shall preside.
7. The Chief Justice may, in consultation with the President of the Court of Appeal, establish such divisions of the Court of Appeal as he or she thinks fit to sit at such places in The Gambia as he or she may determine.

183. Jurisdiction of the Court of Appeal

1. The Court of Appeal has jurisdiction to hear and determine an appeal or a petition, as the case may be–
   1. from a judgment, decree and order of the High Court and the Shari’ah High Court and such other appellate jurisdiction as may be conferred on it by an Act of the National Assembly;
   2. from a judgment of a Court Martial, which shall lie as of right to the Court of Appeal;
   3. on any question as to whether or not a person was validly elected at a Local Government election; and
   4. against an adverse finding of a commission of inquiry.
2. For the purpose of hearing and determining any appeal within its jurisdiction, the Court of Appeal shall have all the powers vested in the court or tribunal from which the appeal is brought.

iii. The High Court

184. Establishment and composition of the High Court

1. There is established the High Court which shall comprise–
   1. not less than seven judges who, subject to section 190 (3), are citizens of The Gambia; and
   2. any judge of a superior court whom the Chief Justice may, in writing, request to sit as a judge of the High Court.
2. The High Court shall be constituted by single judge.
3. The High Court may sit at such places in The Gambia as the Chief Justice may determine, and he or she may establish divisions of the Court to sit at various places throughout The Gambia and assign judges of the Court to any such divisions.

185. Jurisdiction of the High Court

1. Save as provided in section 179 (1) (a), the High Court has original jurisdiction to–
   1. hear and determine all civil and criminal proceedings; and
   2. interpret and enforce sections 31 to 69 and 72 (4) relating to fundamental rights and freedoms.
2. The High Court shall, in the exercise of its original jurisdiction, have all the power and authority as may be conferred by this Constitution or any other law.
3. The High Court has jurisdiction in appeals from courts subordinate to it, other than the Shari’ah Court, as may be prescribed by an Act of the National Assembly.

186. Supervisory jurisdiction

The High Court has supervisory jurisdiction over all lower courts and adjudicatory authorities in The Gambia, except the Shari’ah Court, and may, in the exercise of its supervisory jurisdiction, issue directions, orders or writs, including writs of habeas corpus, orders of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing its supervisory powers.

iv. The Shari’ah High Court

187. Establishment and composition of the Shari’ah High Court

1. There is established the Shari’ah High Court which shall comprise–
   1. not less than three judges who, subject to section 190 (3), are citizens of The Gambia; and
   2. any judge of a superior court competent in Shari’ah whom the Chief Justice may, in writing, request to sit as a judge of the Shari’ah High Court.
2. The Shari’ah High Court shall be constituted by a single judge.
3. The Shari’ah High Court may sit at such places in The Gambia as the Chief Justice may determine.

188. Jurisdiction of the Shari’ah High Court

1. The Shari’ah High Court has original jurisdiction to hear and determine Shari’ah causes or matters relating to marriage, divorce, inheritance, and endowment (waqf) amongst people who are subject to Shari’ah in that regard.
2. The Shari’ah High Court shall, in the exercise of its original jurisdiction, have all the power and authority as may be conferred by this Constitution or any other law.
3. The Shari’ah High Court has jurisdiction in appeals from the Shari’ah Court as may be prescribed by an Act of the National Assembly.
4. A party to proceedings in the Shari’ah High Court is entitled to be represented, at his or her own expense, by a legal practitioner qualified in Shari’ah.

189. Supervisory jurisdiction

The Shari’ah High Court has supervisory jurisdiction over the Shari’ah Courts and may, in the exercise of its supervisory jurisdiction, issue such directions and orders as it may consider appropriate for the purposes of enforcing its supervisory powers.

PART IV. THE JUDGES

190. Appointment of Chief Justice and other judges

1. The President shall appoint–
   1. the Chief Justice and other judges of the Supreme Court, acting on the advice of the Judicial Service Commission, after confirmation by the National Assembly; and
   2. all other judges, acting on the advice of the Judicial Service Commission.
2. The appointment of judges of the superior courts shall be by warrant signed by the President and sealed with the Public Seal.
3. If a superior court comprises less number of Gambian judges to constitute the full complement of the court, a judge who is not a citizen of The Gambia but is a judge in an equivalent court of a country with a common law tradition and jurisdiction or a Shari’ah tradition and jurisdiction, as the case may be, may be appointed to the court for such duration as may be considered necessary.

191. Qualification for appointment of judges

1. A person is qualified for appointment as Chief Justice if he or she is qualified to be appointed a judge of the Supreme Court.
2. A person is qualified to be appointed a judge of the Supreme Court if he or she is–
   1. qualified to practise as a legal practitioner in The Gambia and has been so qualified for a period of not less than fifteen years; and
   2. a person of high moral character and proven integrity.
3. A person is qualified to be appointed a judge of the Court of Appeal if he or she is–
   1. qualified to practise as a legal practitioner in The Gambia and has been so qualified for a period of not less than twelve years; and
   2. a person of high moral character and proven integrity.
4. A person is qualified to be appointed a judge of the High Court if he or she is–
   1. qualified to practise as a legal practitioner in The Gambia and has been so qualified for a period of not less than seven years; and
   2. a person of high moral character and proven integrity.
5. A person is qualified to be appointed a judge of the Shari’ah High Court if he or she–
   1. is qualified in Shari’ah from an institution recognised by the General Legal Council and has been so qualified for a period of not less than seven years; or
   2. has been a Cadi of the Shari’ah Court for a period of not less than seven years; and
   3. is a person of high moral character and proven integrity.

192. Vacancy in Office of Chief Justice

1. Where a vacancy occurs in the Office of Chief Justice, or if the Chief Justice is, for any reason unable to perform the functions of his or her office, the President shall appoint the most senior judge of the Supreme Court to act in that Office until–
   1. a person has been substantively appointed to, and assumed the functions of, that Office in accordance with this Constitution; or
   2. the Chief Justice has resumed the functions of his or her Office.
2. A vacancy in the Office of Chief Justice shall be filled by a substantive appointment within four months of the Office becoming vacant.

193. Tenure of office of judges

1. Subject to the provisions of this section, a judge of a superior court–
   1. may retire from office after attaining the age of sixty-five years; and
   2. shall retire from the office of judge on attaining the age of seventy-five years.
2. A judge who retires from office under subsection (1) (a) or (b), may continue in office for a period of six months after attaining the specified age for retiring from the office, to enable him or her to deliver judgment or do any other thing in relation to proceedings that were commenced before him or her prior to attaining that age.
3. The Chief Justice and any other judge of a superior court may resign from office by addressing his or her resignation as provided in section 309.
4. Where the President receives a resignation in accordance with subsection (3), he or she shall immediately notify the Judicial Service Commission of that fact and the Commission may advise the appointment of a replacement.

194. Removal from office

1. A judge of a superior court may be removed from office only for–
   1. inability to perform the functions of his or her office arising from infirmity of body or mind;
   2. gross misconduct or misbehaviour;
   3. serious breach of a code of conduct applicable to judges; or
   4. bankruptcy or entering into an arrangement with creditors.
2. The removal from office of a judge of a superior court may be initiated only–
   1. by the Judicial Service Commission, acting on its own volition; or
   2. on the petition of a person addressed to the Judicial Service Commission.
3. A petition under subsection (2) (b) shall be in writing, setting out the alleged facts constituting the ground or grounds for the removal of the judge.
4. Where the Judicial Service Commission initiates, or receives a petition for, the removal of a judge of a superior court, the Commission shall–
   1. in the case where the removal is initiated by the Commission, notify the judge of the ground or grounds alleged by the Commission for his or her intended removal; and
   2. in the case of a petition, provide the judge with a copy of the petition.
5. A judge who receives a notification or petition under subsection (4) may make such written representation to the Judicial Service Commission as he or she considers fit.
6. If the Judicial Service Commission, after considering the fact alleged by the Commission or in the petition and the representation of the judge (if any), is satisfied that the alleged fact or the petition discloses a ground for removal under subsection (1), it shall petition the President for the removal for the judge.
7. The President shall, within seven days after receiving the petition under subsection (6), suspend, in writing, the judge from office.
8. Within fourteen days after suspending the judge, the President, acting on the advice of the Judicial Service Commission, shall–
   1. in the case of the Chief Justice, appoint a tribunal comprising–
      1. a judge of a Supreme Court or its equivalent in a country with a common law tradition and jurisdiction, as chairperson;
      2. two other superior court judges from separate countries with a common law tradition and jurisdiction;
      3. a legal practitioner of not less than twenty years’ experience with high moral character and proven integrity; and
      4. one person, not being a legal practitioner, with not less than twenty years’ experience in public service affairs and of high moral character and proven integrity;
   2. in the case of a judge of the Supreme Court, other than the Chief Justice, appoint a tribunal comprising–
      1. the President of the Court of Appeal, as chairperson;
      2. two other persons who hold or have held office as superior court judges;
      3. one legal practitioner of not less than fifteen years’ experience with high moral character and proven integrity; and
      4. one person, not being a legal practitioner, with not less than twenty years’ experience in public service affairs and of high moral character and proven integrity; or
   3. in the case of any other judge of a superior court, appoint a tribunal comprising–
      1. a judge of the Supreme Court, as chairperson;
      2. two other persons who hold or have held office as superior court judges;
      3. one legal practitioner of not less than fifteen years’ experience with high moral character and proven integrity; and
      4. one person, not being a legal practitioner, with not less than fifteen years’ experience in public service affairs and of high moral character and proven integrity.
9. A person who is a member of the Judicial Service Commission, or has been such a member at any time within a period of five years after leaving office, shall not be eligible to be appointed on any tribunal established under subsection (8).
10. Notwithstanding section 173 (5) (b), the remuneration and benefits payable to a judge who is suspended from office under subsection (5) shall be adjusted to one half until such time as the judge is removed from office, or reinstated.
11. A tribunal that is appointed under subsection (8) shall–
    1. regulate its own proceedings;
    2. inquire into the matter concerning the judge in an expeditious manner;
    3. afford the judge the opportunity to be heard and to be represented by a legal practitioner of his or her own choice; and
    4. prepare a report setting out its findings and making a recommendation to the President on whether or not the judge should be removed from office.
12. The proceedings of the tribunal under this section shall be held in camera.
13. Where the tribunal recommends the removal of the judge, the President shall so notify the judge in writing and the judge may appeal against the recommendation to the Supreme Court within ten days after being notified.
14. If the judge fails to appeal against the tribunal’s recommendation within the specified period or the Supreme Court dismisses his or her appeal, the President shall act on the recommendation of the tribunal.
15. If the tribunal recommends to the President that the judge should not be removed, the judge shall–
    1. immediately be reinstated in office;
    2. be treated as if he or she had never been suspended; and
    3. be entitled to the payment of his or her remuneration and benefits that were adjusted under subsection (10).

195. Remuneration and retirement benefits of judges

1. A judge of a superior court shall, on retiring, be entitled to any gratuity payable to him or her and shall, in addition, be paid a pension equal to the salary from which he or she retired, if on the date of retirement he or she has served as a judge of the superior court for an aggregate period of not less than ten years.
2. Where a judge of a superior court retires with less than ten but more than five years’ service as a judge of the superior court, he or she shall, in addition to being entitled to any gratuity payable to him or her, be paid a pension equal to three-quarters of the salary from which he or she retired.
3. A judge of a superior court who has not satisfied any of the conditions prescribed in subsection (1) or (2) shall, on retiring, be paid such gratuity and pension as may be approved by the Judicial Service Commission.
4. A judge of a superior court shall, on retiring, be entitled to such allowances and other benefits as shall be prescribed by an Act of the National Assembly.
5. A pension paid to a judge of a superior court in accordance with this section shall be subject to increases as the salary of a serving judge of the superior court of the equivalent level.
6. A judge of a superior court who ceases to hold office as a judge shall not appear or act as a legal practitioner before any court or tribunal in The Gambia, but this prohibition shall not apply to a judge who–
   1. has resigned from office;
   2. is appointed on a temporary basis; or
   3. has been removed from office pursuant to section 194.

PART V. ADMINISTRATION OF THE COURTS

196. Establishment of Office of Judicial Secretary

1. There is established the Office of Judicial Secretary which shall be a public office in the judicial service.
2. The Judicial Secretary shall be–
   1. a person who is qualified to be appointed as a judge of the High Court;
   2. a person of high moral character and proven integrity; and
   3. appointed by the President on the recommendation of the Judicial Service Commission.
3. The Judicial Secretary shall, subject to any policy direction, control or instruction of the Chief Justice, be responsible for assisting the Chief Justice in the administration of the Judiciary, and shall–
   1. be the accounting officer of the Judiciary;
   2. facilitate the holders of judicial office in the execution of their functions; and
   3. be accountable to the Chief Justice for the performance of his or her duties.

197. Administrative provisions

1. The Chief Justice may issue orders and directions in respect of any matter that relates to the administration of justice, and the Judicial Secretary and all other staff of the Judiciary shall comply accordingly.
2. The offices of other staff of the Judiciary shall be public offices in the judicial service.

198. Financial matters

1. The Judicial Secretary shall, with the approval of the Chief Justice, and subject to section 250 (3) (b), submit the annual estimates of expenditure for the Judiciary directly to the National Assembly.
2. The Chief Justice is entitled to appear in person or assign the Judicial Secretary and such other staff as he or she considers fit to appear before the National Assembly to defend the Judiciary’s annual estimates of expenditure and answer any questions in respect of those estimates.
3. In considering the annual estimates of the Judiciary, the National Assembly shall not reduce the budget of the Judiciary below the amount that was approved for the immediately preceding year.
4. The Judiciary shall be self-accounting, and the moneys charged on the Consolidated Revenue Fund or appropriated by an Act of the National Assembly for the Judiciary, shall be paid quarterly into the account of the Judiciary.

PART VI. THE JUDICIAL SERVICE COMMISSION

199. Establishment and composition of the Judicial Service Commission

1. There is established a Judicial Service Commission which shall comprise–
   1. the Chief Justice, as Chairperson;
   2. one judge of the Supreme Court, nominated by that Court;
   3. two other judges of the superior courts, at least one of whom is qualified in Shari’ah, nominated by the judges of the superior courts other than of the Supreme Court;
   4. the Solicitor General and Legal Secretary;
   5. two legal practitioners of not less than ten years’ experience, at least one of whom shall be a woman, nominated by The Gambia Bar Association; and
   6. one person with extensive experience in public service affairs, nominated by the President.
2. The members of the Judicial Service Commission shall be appointed by the President.
3. A member of the National Assembly shall not be qualified to be appointed a member of the Judicial Service Commission.
4. Subject to subsection (5), a member of the Judicial Service Commission shall hold office for a term of three years and may be re-appointed only once.
5. A member of the Judicial Service Commission shall vacate his or her office if he or she ceases to hold the office specified in subsection (1) by virtue of which he or she was appointed or if he or she becomes a member of the National Assembly.
6. A member of the Judicial Service Commission, other than an ex officio member, may be removed from office in accordance with section 218 and that section shall be applied with such modifications as may be necessary.
7. The Judicial Secretary shall serve as Secretary to the Judicial Service Commission.

200. Appointment of judicial officers and Judiciary staff

1. The power to appoint persons to hold or act in any office specified in subsection (2) shall vest in the Judicial Service Commission.
2. Subsection (1) applies to the offices of–
   1. Master, Sheriff, Registrar and Assistant Registrar of a superior court;
   2. the office of Magistrate;
   3. the office of Cadi of Shari’ah Court;
   4. the office of member of a District Tribunal, after consultation with the Chief of the District concerned;
   5. the office of a member of any other subordinate court or tribunal within the Judiciary;
   6. such other offices of a member of any court as may be prescribed by an Act of the National Assembly; and
   7. other officers and staff of the Judiciary.
3. The Judicial Service Commission–
   1. shall be guided by competitiveness and transparent processes of appointment of judicial officers and other staff of the Judiciary; and
   2. may delegate the power of appointment to the Chief Justice in respect of junior staff positions.

201. Other functions of the Commission

The Judicial Service Commission shall, in addition to the powers and functions conferred or imposed on it under sections 194 and 200–

1. review and decide on the terms and conditions of service of the holders of judicial office, other judicial officers and staff of the Judiciary;
2. receive complaints against, investigate and remove from office or otherwise discipline, judicial officers and staff of the Judiciary, other than judges of the superior courts;
3. receive and investigate complaints, and take disciplinary action, against judges of the superior courts on grounds other than grounds for removal from office;
4. promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice;
5. prepare and implement programmes for the education of, and for the dissemination of information to, judicial officers and the public about law and the administration of justice;
6. advise the Government on improving the efficiency of the administration of justice; and
7. exercise such other powers and perform such other functions as may be conferred or imposed on it by an Act of the National Assembly.

202. Operation and procedure

1. In the exercise of its functions under this Constitution, the Judicial Service Commission shall act independently and shall not be subject to the direction or control of any other person or authority.
2. The Commission may make rules and regulations in relation to the efficient and effective performance of its functions, including the regulation of its procedures, conduct of judicial officers and the administration of the Judiciary.