The federal judge under the 1963 constitution could be removed by the______

Analyze the question: The question asks who had the power to remove a federal judge under the 1963 (Republican) Constitution of Nigeria.

Concept: The 1963 Constitution made Nigeria a republic, with a ceremonial President (Dr. Nnamdi Azikiwe) and a Prime Minister (Tafawa Balewa) holding executive power. Judicial independence was protected by providing that judges could not be removed arbitrarily.

Under the 1963 Constitution (Section 114 and related provisions), the Chief Justice of the Federation and other Supreme Court judges could be removed from office only on specific grounds:

• inability to discharge the functions of the office (due to infirmity of body or mind), or
• misconduct.

The removal procedure was as follows:

• The Senate and the House of Representatives each had to pass an address (a resolution) supporting removal, by a two-thirds majority, and the President then acted on it.

Checking each option:

• A. 2/3 majority of the National Assembly: This matches the legislative address procedure. The Parliament, made up of the Senate and House of Representatives, had to approve removal by a two-thirds majority.
• B. Federal Judicial Service Commission: This body advised on appointments and discipline of lower judicial officers, but it was not the body that removed superior court judges.
• C. Nigerian Judicial Council: This is a later body (the National Judicial Council, created in 1979) and did not exist in 1963.
• D. Executive president: The President was only a ceremonial head of state in 1963, and he could act only on the parliamentary address, not on his own.

Answer: A. A federal judge could be removed by a two-thirds majority of the National Assembly (Parliament).

Tip: For judicial removal questions, remember this pattern: the 1960 and 1963 Constitutions used a parliamentary address with a two-thirds majority, while the 1979 Constitution and later ones used the National Judicial Council and a Senate two-thirds vote. In every case, judges could not be removed by one person alone. This protects judicial independence.