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Section 266 of the 1999 Constitution of Nigeria (Updated)

Section 266 of the 1999 Constitution of Nigeria

Section 266 of the Constitution of Nigeria 1999 is about Appointment of President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja. It is under F (The Customary Court of Appeal 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 the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to the confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(3) Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person shall not be qualified to hold the office of President or a Judge of the Customary Court of
Appeal of the Federal Capital Territory, Abuja, unless –

(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and, in the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of customary law; or
(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of customary law.

(4) If the office of the President of the Customary 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 assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the next most senior Judge of the Customary Court of Appeal to perform those functions.

See also  Section 50 of the 1999 Constitution of Nigeria (Updated)

(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)

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