(2) The appointment of a person to the office
of a Justice of the Supreme Court shall be made by the President
on the recommendation of the National Judicial Council subject
to confirmation of such appointment by the Senate.
(3) A person shall not be qualified to hold
the office of Chief Justice of Nigeria or of a Justice of
the Supreme Court, unless he is qualified to practise as a
legal practitioner in Nigeria and has been so qualified for
a period of not less than fifteen years.
(4) If the office of Chief Justice of Nigeria
is vacant or if the person holding the office is for any reason
unable to perform the functions of the office, then until
a person has been appointed to an has assumed the functions
of that office, or until the person holding the office has
resumed those functions, the President shall appoint the most
senior Justice of the Supreme Court to perform those functions.
(5) Except on the recommendation of the National
Judicial Council, an appointment pursuant to the provisions
of subsection (4) of this section shall cease to have effect
after the expiration of three months from the date of such
appointment, and the President shall not re-appoint a person
whose appointment has lapsed.
