The 1999 Constitution

Section 265 (1)

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

(There must be a Customary Court of Appeal (CCA) in the FCT, Abuja; )

Section 265 (2)

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

(The Customary Court of Appeal of the FCT shall consist of the following; )

Section 265 (2)(a)

a President of the Customary Court of Appeal; and

(A President of the CCA; and )

Section 265 (2)(b)

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

(As many other judges as may be recommended by the National Assembly.)

Section 266 (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.

(To appoint a President of the CCA, the National Judicial Council shall recommend a person to the President of the Federal Republic of Nigeria, who shall send it to the Senate for confirmation.)

Section 266 (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.

(To appoint a person as a judge of the CCA, the National Judicial Council shall recommend a person to the President of the Federal Republic of Nigeria, who shall make the appointment.)

Section 266 (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 –

(Asides whatever qualification which an Act of the National Assembly may prescribe, a person will not be qualified to hold an office as President or Judge of the CCA of the Federal Capital Territory, Abuja unless they have the following qualification; )

Section 266 (3)(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

(To appoint a person as a judge of the CCA, the National Judicial Council shall recommend a person who in its opinion, is well knowledgeable and experienced in the practice of Customary law to the President of the Federal Republic of Nigeria, who shall make the appointment; )

Section 266 (3)(b)

in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.

(The person must also satisfy the National Judicial Council that he has experience in the practice of Customary Law; )

Section 266 (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.

(If for any reason, the President of the CCA is unable to function or the office is vacant, the President of the Federal Republic of Nigeria shall appoint the next most senior judge of the CCA to hold the office, pending a substantive appointment; ) 

Section 266 (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 no re-appoint a person whose appointment has lapsed.

(After 3 months, the appointment of an acting President of the Customary Court of Appeal shall lapse and the President of the Federal Republic shall appoint another judge of the Customary Court of Appeal to hold the office. However, the National Judicial Council can recommend that the appointment be extended for more the initial 3 months. )