CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FIFTH ALTERATION) (NO. 37) ACT, 2023
LAWS OF NIGERIA BY GENERAL CATEGORIES
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999, (FIFTH ALTERATION) (NO. 37) ACT, 2023
LAWS OF THE FEDERATION OF NIGERIA
An act to alter the Constitution of the Federal Republic of Nigeria, 1999 to ensure uniformity in the retirement age and pension rights of judicial officers of superior courts of record; and for related matters.
[COMMENCEMENT] [06TH JUNE, 2023]
ENACTED by the National Assembly of the Federal Republic of Nigeria —
1. Alteration of the Constitution
The Constitution of the Federal Republic of Nigeria, 1999 (in this Act referred to as “the Principal Act”) is altered as set out in this Act.
2. Substitution for section 291
Substitute for section 291 of the Principal Act, a new section “291” —
“291(1) A judicial officer appointed to any of the superior courts of record specified in section 6 (5) of this Constitution 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.
(2) Any person who has held office as a judicial officer of a superior court of record —
(a) for a period of not less than ten years shall, if he retires at or after the age of sixty-five years, be entitled to pension for life at a rate equivalent to his last annual salary and all allowances in addition to any other retirement benefit to which he may be entitled;
(b) for a period of less than ten years shall, if he retires at or after the age of sixty-five years, be entitled for pension for life at a rate as in paragraph (a) of this subsection pro-rata the number of years be served as a judicial officer in relation to the period of ten years, and all allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and
(c) in any other case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly.
(3) All pensions, allowances and other retirement benefits to which a judicial officer may be entitled, shall be a charge upon the Consolidated Revenue Fund of the Federation and shall be paid directly by the National Judicial Council.
(4) Subject to the provisions of this section of the Constitution, 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 of a State shall apply.”
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