The 1999 Constitution

Section 288 (1)

In exercising his powers under the foregoing provisions of this Chapter in respect of appointments to the
offices of Justices of the Supreme court and Justices of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in Customary law.

(When the President of Nigeria appoints persons into the office of Justices of the Supreme Court and Justices of the Court of Appeal, the President must also ensure that among the people who he appoints as Justices of the Supreme Court and Court of Appeal, person or persons who are knowledgeable in Islamic Personal Law and Customary Law are appointed; )

Section 288 (2)(a)

For the purposes of subsection (1) of this section –
(a) a person shall be deemed to be learned in Islamic personal law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case obtained a recognized qualification in Islamic law from an institution acceptable to the national Judicial Council; and

(When appointing Justices of the Supreme Court or Court of Appeal, regarding qualifications for appointing someone who is knowledgeable in Islamic Personal Law, such person must be qualified to practice in Nigeria as a lawyer for a period of not less than 15 (fifteen) years (for the Supreme Court) and not less than 12 (Twelve) years for the Court of Appeal. For both Courts, such person must have also acquired a qualification in Islamic law from a school which is recognised and accepted by the National Judicial Council; )

Section 288 (2)(b)

a person shall be deemed to be learned in Customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of Customary law.

(When appointing Justices of the Supreme Court or Court of Appeal, regarding qualifications for appointing someone who is knowledgeable in Customary Law, such person must be qualified to practice in Nigeria as a lawyer for a period of not less than 15 (fifteen) years (for the Supreme Court) and not less than 12 (Twelve) years for the Court of Appeal. For both Courts, such person must in the opinion of the National Judicial Council have significant knowledge of and experience in the practice of Customary law.)

Section 289

No legal practitioner shall be qualified for appointment as a Justice of the Supreme Court, the Court of
Appeal or a Judge of a Federal High Court or a Judge of a High Court or a kadi of a Sharia Court of Appeal or a Judge of the Customary Court of Appeal whilst he is a member of the National Judicial Council or Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be member.

(A person who is a member of the National Judicial Council or Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission shall not be qualified to be appointed into the office of either a Justice of the Supreme Court, Court of Appeal or a Judge of the Federal High Court or High Court or Customary Court of Appeal or a Kadi of a Sharia Court of Appeal. This disqualification lasts for a period of 3 (three) years after such person is no longer a member of either of the groups mentioned above.)

Section 290 (1)

A person appointed to any judicial office shall not begin to perform the functions of that office until he
has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the seventh Schedule to this Constitution.

(Anyone who has been appointed into any judicial office (i.e. an office involving the judicial system – Courts) must first declare their assets and liabilities as stated in the 1999 Constitution and must also take the Oath of Allegiance and the Judicial Oath as stated in the 7th (seventh) Schedule of the 1999 Constitution before they can start performing their duties; )

Section 290 (2)

The oaths aforesaid shall be administered by the person for the time being authorized by law to administer such oaths.

(The oaths which have been mentioned in the above section can only be administered by whoever has been authorized to administer such oaths.)