Section 2: Appointment of the President and Judges of the Court.

(1) The President of the Court shall be appointed by the President, on the recommendation of the National Judicial Council, subject to confirmation by the Senate.
(2) The appointment of a person to the office of a judge of the Court shall be made by the President on the recommendation of the National Judicial Council.
(3) A person shall not be eligible to hold office of the President of the Court unless the person is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria.
(4) A person shall not be eligible to hold the office of a Judge of the Court unless-
(a) the person is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria; or
(b) the person is a graduate of a recognized university of not less than ten years standing and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria.
(5) If the office of the President of the Court is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and assumed the functions of that office or until the person holding the office has resumed those functions, the President shall appoint the most senior Judge of the Court having the qualification to be appointed as President of the Court as provided under subsection (3) of this section to perform those functions.
(6) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (5) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed.
(7) Notwithstanding the provision of subsection (1), (2), (3) and (4) of this section, any person holding the office of the President or ordinary member of the Court immediately before the commencement of this Act shall be deemed to have been appointed under this Act.