The 1999 Constitution

Section 280 (1)

There shall be for any State that requires it a Customary Court of Appeal for that State.

(Every State in Nigeria that requires it will have a Customary Court of Appeal for that State.)

Section 280 (2)(a)

The Customary Court of Appeal of a State shall consist of –
(a) a President of the Customary Court of Appeal of the State; and

(The Customary Court of Appeal of a State shall consist of a President of the Customary Court of Appeal of the State; and )

Section 280 (2)(b)

such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.

(Any number of Judges of the Customary Court of Appeal which the House of Assembly of the State has prescribed for that Customary Court of Appeal to have; )

Section 281 (1)

The appointment of a person to the office of President of a Customary Court of Appeal shall be made by
the governor of the State on the recommendation of the national Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.

(For a person to be appointed to the office of the President of a Customary Court of Appeal, such appointment must be made by the Governor of the State based on the recommendation of the National Judicial Council and such appointment must be confirmed by the House of Assembly of the State; )

Section 281 (2)

The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council.

(For a person to be appointed to the office of a Judge of a Customary Court of Appeal, such appointment shall be made by the Governor of the State on the recommendation of the National Judicial Council.)

N/B: Appointment of Judges to the Customary Court of Appeal of a State is not subject to confirmation by the State House of Assembly.)

Section 281 (3)

Apart from such other qualification as may be prescribed by a law of the House of Assembly of the State, a person shall not be qualified to hold office of a president or of a Judge of a Customary Court of Appeal of a State unless –

(Apart from qualifications which the House of Assembly of the State may prescribe, the following are what qualifies a person to be able to hold office as President or Judge of a Customary Court of Appeal of a State; )

Section 281 (3)(a)

he is a legal practitioner in Nigeria and he 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

(Such person must be a lawyer able to practice in Nigeria and must have been qualified to practice in Nigeria for a period of not less than 10 (ten) years and such person must also, in the opinion of the National Judicial Council, have considerable knowledge and experience concerning practicing Customary law; )

Section 281 (3)(b)

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

(Another qualifying quality is that such person should be, in the opinion of the National Judicial Council, have a lot of knowledge and experience when it relates to the practice of Customary law; )

Section 281 (4)

If the office of President of the Customary Court of Appeal of a State 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 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 Customary Court of Appeal of the State to perform those functions.

(If for any reason, the office of the President of the Customary Court of Appeal of a State is vacant/ empty, or the person holding such office is unable to perform his/ her functions then until such office is filled or the person who is unable to person his/ her functions is finally able to resume their function then the Governor of the State will have to appoint the most senior Judge of the Customary Court of Appeal of the State to perform such functions in the meantime; )

Section 281 (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 the expiration of three months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.

(Except where the National Judicial Council recommends such appointment, an appointment which has been made by the Governor of a State based on section 281 sub section 4 of the 1999 Constitution, shall no longer have effect after the expiration of 3 (three) months from the date of such appointment (i.e. the appointment shall have a duration of 3 (three) months). Also, the Governor shall no re-appoint a person whose appointment has expired.)