Section 128: Appointment of Chief Judge and Judges.

(1) The appointment of a person to the office of the Chief Judge of a State shall be made by the Governor of the State acting in his discretion subject to the confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a State shall be made by the Governor of the State acting on the recommendation of the State Judicial Service Commission.
(3) A person shall not be qualified to hold office of the Chief Judge of a State or Judge of the High Court of a State unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than 10 years.
(4) If the office of the Chief Judge of a State is vacant or if the person holding it is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the functions shall be performed by a person to be designated from time to time in that behalf by the Governor of the State, acting in his discretion, from among the Judges of the High Court of the State.
(5) Except with the approval of the House of Assembly of the State, an appointment made pursuant to subsection (4) of this section shall cease to have effect after the expiration of 3 months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.