(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.
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) 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.
(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,
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;
(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.
(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.
293. Except for the purposes of exercising any jurisdiction conferred by this Constitution or by any other law,
every court established under this Constitution shall be deemed to be duly constituted notwithstanding any
vacancy in the membership of the court.
294. (1) Every court established under this Constitution shall deliver its decision in writing not later than ninety
days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined
with duly authenticated copies of the decision within seven days of the delivery thereof.
(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing,
or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:
Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment
is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he
was present at the hearing.
(3) A decision of a court consisting of more than one Judge shall be determined by the opinion of the majority of
its members.
(4) For the purpose of delivering its decision under this section, the Supreme court, or the court of Appeal shall
be deemed to be duly constituted if at least one member of that court sits for that purpose.
(5) The decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance
with the provisions of subsection (1) of this section unless the court exercising jurisdiction by way of appeal or
review of that decision is satisfied that the party complaining has suffered a miscarriage of justice by reason
thereof.
(6) As soon as possible after hearing and deciding any case in which it has been determined or observed that
there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting
of the court shall send a report on the case to the Chairman of the National Judicial Council who shall keep the
Council informed of such action as the Council may deem fit.
295. (1) Where any question as to the interpretation or application of this Constitution arises in any proceedings
in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal
High Court or a High Court) and the court is of the opinion that the question involves a substantial question of
law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal
High Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the High
Court shall