Constitution of the Federal Republic of Nigeria 1999
Official source page 96
- Jurisdiction
- Nigeria
- Provision
- 96
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceAssembly 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 service of the Federation or a State.
292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following
circumstances -
(a) in the case of -
(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court
of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, 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;
(b) 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.
293. Except for the purposes of exercising any jurisdiction conferred by this Constitution or by any other law, every court
established under this Constitution shall be deemed to be duly constituted notwithstanding any vacancy in the membership of the
court.
294. (1) Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the
conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies
of the decision within seven days of the delivery thereof.
(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in
writing that he adopts the opinion of any other Justice who delivers a written opinion:
Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered
and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.
(3) A decision of a court consisting of more than one Judge shall be determined by the opinion of the majority of its members.
(4) For the purpose of delivering its decision under this section, the Supreme court, or the court of Appeal shall be deemed to be
duly constituted if at least one member of that court sits for that purpose.
(5) The decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance with the provisions of
subsection (1) of this section unless the court exercising jurisdiction by way of appeal or review of that decision is satisfied that the
party complaining has suffered a miscarriage of justice by reason thereof.
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Constitution of the Federal Republic of Nigeria 1999 · nass.gov.ng · Retrieved 18 August 2026.
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