The 1999 Constitution

Section 230 (1)

There shall be a Supreme Court of Nigeria.

(There will be a Supreme Court in Nigeria.)

Section 230 (2)(a)

The Supreme Court of Nigeria shall consist of –

the Chief Justice of Nigeria; and

(The Supreme Court of Nigeria will be made up of the Chief Justice of Nigeria; )

Section 230 (2)(b)

such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

(The Supreme Court of Nigeria will be made up of whatever number of Justices of the Supreme Court but it must not be more than twenty-one (21) as the National Assembly Act may prescribe.)

Section 231 (1)

The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on
the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(The President has the responsibility of appointing the Chief Justice of Nigeria but such appointment is on recommendation of the National Judicial Council and the appointment is to be confirmed by the Senate.)

Section 231 (2)

The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the National Judicial Council subject to confirmation of such appointment by the senate.

(The President is to appoint a person to the office of the Justice of the Supreme Court but it shall be made on the recommendation of the National Judicial Council and such appointment is then to be confirmed by the Senate.)

Section 231 (3)

A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme
Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(For a person to be appointment or qualified to be the Chief Justice of Nigeria, such person must be a practicing lawyer and be qualified to practice as a lawyer for not less than 15 (fifteen) years.)

Section 231 (4)

If the office of Chief Justice of Nigeria 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 has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(If the position of Chief Justice of Nigeria is vacant or if the person who is holding such office is unable to carry out the function of the office for whatever reason, until another person has been appointment following the procedure in section 231 sub sections (1-3), the President will appoint the most senior Justice of the 21 (twenty-one) Justices of the Supreme Court mentioned in section 230 sub section 2(b) to act as the Chief Justice.)

Section 231 (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-appointment a person whose appointment has lapsed.

(The most senior Justice of the Supreme Court mentioned in Section 231 sub section 4, can only act as the Chief Justice of Nigeria for a period of 3 (three) months unless such person who is acting, is recommended by the National Judicial Council to be appointed as the Chief Justice of Nigeria. Once the 3 (three) months period from the date of appointment by the President have elapsed, the person can not be re-appointed by the President.)

Section 232 (1)

The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
between the Federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

(The Supreme Court of Nigeria has original jurisdiction i.e. only the Supreme Court can hear matters, between the Federation and a State or between States only if the disputes (i.e. issues, bone of contention) are relating to questions of law or fact which is dependent on a legal right.)

Section 232 (2)

In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall
have such original jurisdiction as may be conferred upon it by any Act of the National Assembly.

(In addition to what has been mention in sub section 2 of this section concerning original jurisdiction, the Supreme Court shall also have original jurisdiction over matters which an Act of the National Assembly has stated to be so.)

Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.

(This is on the condition that the Supreme Court shall not be given original jurisdiction over a matter that is criminal.)