Table of Contents
Section 270 (1)
There shall be a High Court for each State of the Federation.
(This section establishes a High Court for each State of the Federal Republic of Nigeria.)
Section 270 (2)(a)
The High Court of a State shall consist of –
a Chief Judge of the State; and
(Section 270 makes it compulsory for every state of the Federation to have a High Court consisting of a Chief Judge; and )
Section 270 (2)(b)
such number of Judges of the High Court as may be prescribed by a Law of the House of Assembly of the State.
(any number of judges as may be prescribed by a Law of the House of Assembly of the state. It therefore means that states in Nigeria do not have equal number of judges. Also, it is worthy to note that even though there might be different divisions of the High Court within a State for administrative ease, they all still fall under one umbrella and are viewed as one. For example, in Lagos State, we have the High Court of Lagos State Epe Division, Lagos Division, Ikeja Division etc. They are all described as the High Court of Lagos State for the purpose of fulfilling Section.)
Section 271 (1)
The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State.
(This Section, provides for the processes of selecting and appointing persons into the positions of Judge or a Chief Judge. The Governor on the recommendation of the National Judicial Council makes an appointment which shall in the case of the position of a Chief Judge be ratified by the State House of Assembly. For the sake of emphasis, ratification from the State House of Assembly is not needed for the position of a Judge.)
Section 271 (2)
The appointment of a person to the office of a Judge of a High Court of a State shall be made by the Governor of the State acting on the recommendation of the National Judicial Council.
(The Governor on the recommendation of the National Judicial Council makes an appointment for a person to be a Judge of a High Court of a State.)
Section 271 (3)
A person shall not be qualified to hold office of a Judge of a High Court of a State 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.
(To be considered for the position of a judge/chief judge of a state, the person must first be a qualified legal Practitioner in Nigeria for not less than 10 (ten) years.)
Section 271 (4)
If the office of Chief Judge of a State is vacant or if the person holding the office is for any person 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 Governor of the State shall appoint the most senior Judge of the High Court to perform those functions.
(Finally, in a situation whereby the position of the Chief Judge of a state is vacant or if the person holding the office is for any person 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 Governor of the State shall appoint the most senior Judge of the High Court to perform those functions.)
Section 271 (5)
Except on the recommendation of the National Judicial Council an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment and the Governor shall not re-appoint a person whose appointment has lapsed.
(However, except as recommended by the National Judicial Council, the appointment in this case, shall expire after three months from the date of such appointment and the Governor shall not re-appoint a person whose appointment has elapsed.)
