Section 256 of the 1999 Constitution of Nigeria

Section 256 of the Constitution of Nigeria 1999 is about Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja. It is under D (The High Court of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the Constitution.

(1) The appointment of a person to the office of Chief Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office of a Chief Judge or a Judge of the High Court of the Federal Capital Territory, Abuja unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4) If the office of the Chief Judge of the High Court of the Federal Capital Territory, Abuja 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 Judge of the High Court of the Federal Capital Territory, Abuja, 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.

Credit: Policy and Legal Advocacy Centre (PLAC)