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233. - (1)
The Supreme Court shall have jurisdiction, to the exclusion
of any other court of law in Nigeria, to hear and determine
appeals from the Court of Appeal.
(2) An appeal shall lie
from decisions of the Court of Appeal to the Supreme Court
as of right in the following cases:-
(a) where the ground
of appeal involves questions of law alone, decisions in any
civil or criminal proceedings before the court of Appeal;
(b) decisions in any
civil or criminal proceedings on questions as to the interpretation
or application of this Constitution;
(c) decision in any civil
or criminal proceedings on questions as to whether any of
the provisions of Chapter IV of this Constitution has been,
is being or is likely to be, contravened in relation to any
person;
(d) decisions in any
criminal proceedings in which any person has been sentenced
to death by the Court of Appeal or in which the Court of Appeal
has affirmed a sentence of death imposed by any other court;
(e) decisions on any question:-
(i) whether any person
has validly elected to the office of President or vice-president
under this Constitution;
(ii) whether the term
of office of President or vice-president has become vacant;
and (f) Such other cases as may be prescribed by an Act of
the National Assembly.
(3) Subject to the provisions
of subsection (2) of this section, an appeal shall lie from
the decisions of the Court of Appeal to the Supreme Court
with the leave of the Court of Appeal or the Supreme Court.
(4) The Supreme Court
may dispose of any application for leave to appeal from any
decision of the Court of Appeal in respect of any civil or
criminal proceedings in which leave to appeal is necessary
after consideration of the record of the proceedings if the
Supreme Court is of opinion that the interests of justice
do not require an oral hearing of the application.
(5) Any right of appeal
to the Supreme Court from the decisions of the Court of Appeal
confer#FF0000 by this section shall be exercisable in the
case of civil proceedings at the instance of a party thereto,
or with the leave of the Court of Appeal or the Supreme Court
at the instance of any other person having an interest in
the matter, and in the case of criminal proceedings at the
instance of an accused person, or subject to the provisions
of this Constitution and any powers confer#FF0000 upon the
Attorney-General of the Federation or the Attorney-General
of a State to take over and continue or to discontinue such
proceeding, at the instance of such other authorities or persons
as may be prescribed.
(6) Any right of appeal
to the Supreme Court from the decisions of the Court of Appeal
confer#FF0000 by this section shall, subject to section 236
of this Constitution, be exercised in accordance with any
Act of the National Assembly and rules of Court for the time
being in force regulation the powers, practice and procedure
of the Supreme Court.
234. For the purpose
of exercising any jurisdiction confer#FF0000 upon it by this
Constitution any law, the Supreme Court shall be duly constituted
if it consists of not less than five Justices of the Supreme
Court;
Provided that where the
Supreme Court is sitting to consider an appeal brought under
section 233(2)(b) or (c) of this Constitution, or to exercise
its original jurisdiction in accordance with section 232 of
this Constitution, the court shall be constituted by seven
Justices.
235. Without prejudice
to the powers of the President or of the Governor of a State
with respect to prerogative of mercy, no appeal shall lie
to any other body or person from any determination of the
Supreme Court.
236. Subject to the provisions
of any Act of the National Assembly, the Chief Justice of
Nigeria may make rules for regulating the practice and procedure
of the supreme Court.
237. - (1) There shall
be a Court of Appeal.
(2) The Court of Appeal
shall consist of:-
(a) a President of the
Court of Appeal; and
(b) such number of Justices
of the Court of Appeal, not less than forty-nine of which
not less than three shall be learned in Islamic personal law,
and not less than three shall be learned in Customary law,
as may be prescribed by an Act of the National Assembly.
