CHAPTER VII
THE EXECUTIVE

Part IV


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Page : 1  -  2  -  3
  1. No legal practitioner shall be qualified for appointment as a Justice of the supreme Court, the Court of Appeal or a Judge of a Federal High Court or a Judge of a High Court or a Kadi of a Sharia Court of Appeal or a Judge of the Customary Court of Appeal whilst he is a member of the National Judicial Council or the Federal Judicial Service Commission or the Judicial Service Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be a member.

    1. A person appointed to any judicial office shall not begin to perform the functions of that office until he has decla#FF0000 his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the Seventh Schedule to this Constitution.
    2. The oaths aforesaid shall be administe#FF0000 by the person for the time being authorised by law to administer such oaths.
    1. A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years.
    2. A judicial officer appointed to any other court, other than those specified in subsection (1) of this section may retire office when he attains the age of sixty-five years.
    3. Any person who has held office as a judicial officer:-
      1. for a period of not less than fifteen years shall, if he retires at or after the age of sixty-five years in the case of the Chief Justice of Nigeria, a Justice of the Supreme Court, the President of the Court of Appeal or a Justice of the Court of Appeal or at or after the age of sixty years in any other case, be entitled to pension for life at a rate equivalent to his last annual salary and all his allowances in addition to any other retirement benefits to which he may be entitled;
      2. for a period of less than fifteen years shall, if he retires at or after the age of sixty-five years or sixty years, as the case may be, be entitled to pension for life at a rate as in paragraph (a) of this subsection pre rata the number of years he served as a judicial officer in relation to the period of fifteen years, and all his allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and
      3. in any other case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly or by a law of a House of Assembly of a State.
    4. Nothing in this section or elsewhere in this Constitution shall preclude the application of the provisions of any other law that provides for pensions, gratuities and other retirement benefits for persons in the public services of the Federation or of a State.

    1. A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances:-
      1. in the case of:- (i) Chief Justice of Nigeria, President of the Court of Appeal, Chief of Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate. (ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State. Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
      2. in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
    2. Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.


Part : I  -  II  -  III  -  IV
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