Section 255 and 256 of the 1999 Constitution: High Court of the Federal Capital Territory, Abuja and Appointment of Chief Judge of the High Court of the Federal Capital Territory, Abuja

Federal Capital Territory

The 1999 Constitution

Section 255 (1)

There shall be a High Court of the Federal Capital Territory, Abuja.

(There will be a High Court created specifically for the Federal Capital Territory (FCT), Abuja; )


Section 255 (2)

The High Court of the Federal Capital Territory, Abuja shall consist of –

(The High Court of the FCT, Abuja will be made up of the following; )


Section 255 (2)(a)

a Chief Judge of the High Court of the Federal Capital Territory, Abuja; and

(It will be made up of the Chief Judge of the High Court of the FCT, Abuja; and)


Section 255 (2)(b)

such number of Judges of the High Court as may be prescribed by an Act of the National Assembly.

(any other number of Judges of the High Court that an Act i.e. law passed by the National Assembly has stated there to be; )


Section 256 (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.

(For a person to be appointed to the office of the Chief Judge of the High Court of the Federal Capital Territory, Abuja, such appointment is to be made by the President but on the recommendation by the National Judicial Council and such appointment will have to be confirmed by the Senate; )


Section 256 (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.

(For a person to be appointed into the office of the Judge of the High Court of the Federal Capital Territory, Abuja, it has to be made by the President but on the recommendation of the National Judicial Council😉


Section 256 (3)

A person shall not be qualified to hold the office of a Chief Judge or a Judge of the High Court of the Federation 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.

(For a person to be qualified to hold the office of the Chief Judge or the Judge of the High Court of the Federal Capital Territory, Abuja, such person must have be able to practice as a lawyer in Nigeria for not less than 10 (ten) years; )


Section 256 (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 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.

(In a situation where the position of the Chief Judge of the Federal Capital Territory, Abuja is vacant or for whatever reason, the Chief Judge of the FCT, Abuja is unable to perform his functions, then the President is to appoint the most senior Judge of the High Court of the FCT, Abuja to act as the Chief Judge of the High Court of the FCT, Abuja; )


Section 256 (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.

(The tenure of a person appointed to the position of Chief Judge of the High Court of the FCT, Abuja based on section 256 sub section (4) above is 3 (three) months and unless the National Judicial Council has recommended such appointment, it shall not be longer than 3 (three) months from the date of appointment. The President cannot re-appoint a person whose appointment has expired.)


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