Table of Contents
Section 291 (1)
A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the
age of sixty-five years and he shall cease to hold office when he attains the age of seventy years.
(The retirement age of a Judicial Officers of the Supreme Court or the Court of Appeal is 65 (sixty-five) years and at the age of 70 (seventy) such person shall no longer be able to hold office.)
Section 291 (2)
A judicial officer appointed to any other court, other than those specified in subsection (1) of this section may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years.
(The retirement age for other Judges who are neither Supreme Court or Court of Appeal Justices, is 60 (sixty) years and at the age of 65 (sixty-five) such person can no longer be able to hold office.)
Section 291 (3) (a)
Any person who has held office as a judicial officer –
(a) for a period of not less than fifteen years shall, if he retires at or after the age of sixty-five years in the case of the Chief Justice of Nigeria, a Justice of the Supreme Court, the President of the court of Appeal or a Justice of the Court of Appeal or at or after the age of sixty years in any other case, be entitled to pension for life at a rate equivalent to his last annual salary and all his allowances in addition to any other retirement benefits to which he may be entitled;
(A person who has held office as a Judicial Officer for a period of 15 (fifteen) years and above, and retires at the age of 65 (sixty-five) in the case of the Chief Justice of Nigeria, Justice of the Supreme Court, President of the Court of Appeal or Justice of the Court of Appeal or at the age of 60 (sixty) years in the case of other Courts not mentioned in this particular section, such person shall be entitled to pension for life at a rate which is equivalent to their last annual salary as well as all of their allowances and any other retirement benefits; )
Section 291 (3)(b)
for a period of less than fifteen years shall, if he retires at or after the age of sixty-five years or sixty years, as the case may be, be entitled to pension for life at a rate as in paragraph (a) of this subsection pro rata the number of years he served as a judicial officer in relation to the period of fifteen years, and all his allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and
(In situations where the person has been a Judicial Officer for a period of less than 15 (fifteen) years and such person retires at the age of 65 (sixty-five) or 60 (sixty) years depending on the Court, then such person is entitled to pension for life at the rate mentioned in section 291 (3)(a) but calculated at pro rata the number of years served as a Judicial Officer in relation to the period of 15 (fifteen) years as well as all of their allowances and retirement benefits which such person is entitled to under their terms and conditions of service; and)
Section 291 (3)(c)
in any case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly or by a Law of a House of Assembly of a State.
(Any person who has served as a Judicial Officer shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly (Federal) or by a Law of a House of Assembly of a State (State).
Section 291 (4)
Nothing in this section or elsewhere in this Constitution shall preclude the application of the provisions of
any other law that provides for pensions, gratuities and other retirement benefits for persons in the public service of the Federation or a State.
(Other laws that provide for pensions, gratuities and other retirement benefits for people who work in the public service of the Federation or a State still applies.)
Section 292 (1)
A judicial officer shall not be removed from his office or appointment before his age of retirement
except in the following circumstances –
(A Judicial Officer shall not be removed from his office or appointment before the age of their retirement except in the following situations; )
Section 292 (1)(a)(i)
in the case of –
(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief
Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.
(In the case of Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, a Judicial Officer can be removed by the President who is acting on an address which is supported by two-thirds (2/3rd’s) of the majority of the Senate. i.e. The majority of members of the Senate have voted that such Judicial Officer should be removed and the President carries it out.)
Section 292 (1)(a)(ii)
Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,
(In the case of the Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, the Governor while acting on an address supported by two-thirds (2/3rd’s) majority of the House of Assembly of the State; i.e. This means that majority of the members of the House of Assembly of a State has to agree that such Judicial Officer should be removed and once the members have agreed, then the Governor acts on it.)
Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
(The prayer before the Senate or the House of Assembly of a State should be that the Judicial Officer is unable to discharge the functions of his office or appointment (and this may be due to a sickness of the mind or body) or for a misconduct or because such person has gone against the Code of Conduct; )
Section 292 (1)(b)
in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
(Asides the situations mentioned in section 292 (1)(a), the President or the Governor of a State, depending on the Court, can remove a Judicial Officer but on the recommendation of the National Judicial Council stating that the Judicial Officer is unable to perform the functions of their office or appointment due to sickness of the mind or body or for misconduct or for going against the Code of Conduct; )
Section 292 (2)
Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.
(A person who has held office as a Judicial Officer shall not be able to thereafter appear or act as a Lawyer before any Court of Law or Tribunal in Nigeria.)
(A Judicial Officer means a holder of the office of Chief Justice of Nigeria, a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the Chief Judge or Judge of the Federal High Court, of a State and of the Federal Capital Territory, Abuja, the Grand Khadi or Khadi of a Sharia Court of Appeal of a State and of the Federal Capital Territory, Abuja, the President or Judge of a Customary Court of Appeal of a State and of the Federal Capital Territory, Abuja and includes the holder of a similar office in any inferior court whatsoever.)
