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(3) A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years. (4) If the office of the President of the Court of Appeal 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 and 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 Court of Appeal 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. 239. Original jurisdiction (1) Subject to the provisions of this Constitution, the Court of [Section 239 is Appeal shall, to the exclusion of any other court of law in Nigeria, substituted by have original jurisdiction to hear and determine any question as to Constitution of Federal Republic whether - of Nigeria (Second (a) any person has been validity elected to the office of President Alteration Act) 2010] or Vice-President under this Constitution; or (b) the term of office of the President or Vice-President has ceased; or (c) the office of President or Vice-President has become vacant. (2) In the hearing and determination of an election petition under paragraph (a) of subsection (1) of this section, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court Appeal. The Constitution of the Federal Republic of Nigeria Updated with the First, Second , Third and Fourth Alterations 153