Section 39: Dismissal and suspension of Commissioner.

(1) The President shall require a Commissioner to vacate his office if the Commissioner -
(a) has, subject to section 37 (2), been found to have conducted himself in a manner that renders him unsuitable as a Commissioner, including a contravention of section 44 or section 58 (2);
(b) has failed to comply with any term or condition of his office fixed by the President under section 36 (3) of this Act;
(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 with or without the option of fine whether in Nigeria or abroad.
(2) A Commissioner shall not be removed unless the request is made by the President and supported by a simple majority vote of the Senate.