Tenure of office of Judges

(1) Subject to this section, a person holding the office of Judge shall vacate that office on attaining the age prescribed in subsection (6): Provided that the President, after consultation with the Judicial Service Commission, may permit a Judge who has attained that age to continue in office for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her before he or she attained that age. (2) A person holding the office of Judge may be removed from office only for incompetence in the performance of the duties of his or her office or for misbehaviour, and shall not be so removed except in accordance with subsections (3) and (4). (3) The President may by an instrument under the Public Seal and in consultation with the Judicial Service Commission remove from office any Judge where a motion praying for his or her removal on the ground of incompetence in the performance of the duties of his or her office or misbehaviour has been— (a) debated in the National Assembly; (b) passed by a majority of the votes of all the members of the Assembly; and (c) submitted to the President as a petition for the removal of the judge concerned: Provided that the procedure for the removal of a judge shall be in accordance with the principles of natural justice. [11 of 2010] (4) Where notice of intention to introduce before the National Assembly a motion praying for the removal of a Judge from his or her office has been lodged in the office of the Speaker, the President may, where after consultation with the Judicial Service Commission he or she is satisfied that it is in the public interest so to do, suspend the Judge from performing the duties of his or her office. [11 of 2010] (5) The suspension of a Judge under subsection (4) may at any time be revoked by the President, after consultation with the Judicial Service Commission, and shall in any case cease to have effect where the motion is withdrawn before being debated in the National Assembly or, upon being debated, is not passed by a majority thereof. (6) The prescribed age for purposes of subsection (1) shall be the age of sixty-five years or such other age as may be prescribed by Parliament: Provided that a law made by Parliament, to the extent that it alters the age at which a Judge shall vacate his or her office, shall not have effect in relation to a Judge after his or her appointment unless he or she consents to its having effect. [11 of 2010] (7) Where the President considers it desirable in the public interest so to do, he or she may, with the consent of the person concerned, assign a person holding the office of Judge to any other office in the public service for such period as the President may determine during which that person may cease to perform the duties of his or her office as Judge; but so, however, that— (a) such assignment shall not be regarded as removal of that person under subsection (2) from his or her office as Judge; (b) the resumption by that person of the duties of his or her office as Judge shall not require formal re-appointment; (c) the retirement age of that person shall be that prescribed for Judges under subsection (1). [11 of 2010]