Section 38: Dismissal or suspension of Commissioners.

(1) The President shall require a Commissioner to vacate his office if the Commissioner:
(a) has, subject to section 36 (2), been found to have conducted himself in a manner that renders him unsuitable as a Commissioner, including a contravention of section 43 or section 57 (2) ; or
(b) has failed to comply with any term or condition of his office fixed by the President under section 35 (3) ; or
(c) is mentally or physically incapable of efficiently carrying out his functions as a Commissioner; or
(d) the Commissioner is convicted of an offence in respect of which a sentence of imprisonment without the option of a fine has been imposed, whether in Nigeria or outside.
(2) A commissioner shall not be removed unless the request is supported by a simple majority vote of the Senate.