Chapter VII
The Judicature

Part I


Part : I  -  II  -  III  -  IV
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8
    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:-
      1. where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the court of Appeal;
      2. decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;
      3. 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;
      4. 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:-
        1. whether any person has validly elected to the office of President or vice-president under this Constitution;
        2. 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.

  1. 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.
  2. 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.
  3. 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.
    1. There shall be a Court of Appeal.
    2. The Court of Appeal shall consist of:-
      1. a President of the Court of Appeal; and
      2. 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.


Part : I  -  II  -  III  -  IV
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8