Section 38: Vacation of office by Commissioner.

A Commissioner shall vacate his office and his office shall become vacant -(a) three months after the date on which he gives notice in writing to the President of his intention to resign;
(b) on the date he is convicted -
(i) in Nigeria, in respect of an offence,
(ii) outside Nigeria, in respect of an offence involving financial impropriety or any conduct which, if committed in Nigeria, would constitute an offence; or
(c) if he becomes disqualified under sections 37 (1) (a), (b), (c) or (d), to hold office as a Commissioner;
(d) if he is required under section 40 to vacate his office; or
(e) when he attains the age of 70 years.