(2)
The appointment of a person to the office of a Justice of
the Court of Appeal shall be made by the President on the
recommendation of the National Judicial Council.
(3)
A person shall not be qualified to hold the office of a
Justice of the Court of Appeal unless he is qualified to
practise as a legal practitioner in Nigeria and has been
so qualified for a period of not less than twelve years.
(4)
If the office of President of the Court of Appeal 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 has assumed the functions of that
office, or until the person holding the office has resumed
those functions, the President shall appoint the most senior
Justice of the Court of Appeal to perform those functions.
(5)
Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection
(4) 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.
239.
- (1) Subject to the provisions of this Constitution, the
Court of Appeal shall, to the exclusion of any other court
of law in Nigeria, have original jurisdiction to hear and
determine any question as to whether:
(a)
any person has been validly elected to the office of President
or vice-president under this Constitution; or.
(b)
the term of office of the President or vice-president has
ceased; or
(c)
the office of President or vice-president has become vacant.
(2)
In the hearing and determination of an election petition
under paragraph (a) of subsection (1) of this section, the
Court of Appeal shall be duly constituted if it consists
of at least three Justices of the Court of Appeal.
240.
Subject to the provisions of this Constitution, the Court
of Appeal shall have jurisdiction to the Exclusion of any
other court of law in Nigeria, to hear and determine appeals
form the Federal High Court, the High Court of the Federal
Capital Territory, Abuja, Customary Court of Appeal of a
State and from decisions of a court martial or other tribunals
as may be prescribed by an Act of the National Assembly.
241.
- (1) An appeal shall lie from decisions of the Federal
High Court or a High Court to the Court of Appeal as of
right in the following cases :-
(a)
final decisions in any civil or criminal proceedings before
the Federal High Court or a High Court sitting at first
instance;
(b)
where the ground of appeal involves questions of law alone,
decisions in any civil or criminal proceedings;
(c)
decisions in any civil or criminal proceedings on questions
as to the interpretation or application of this Constitution;
(d)
decisions 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;
(e)
decisions in any criminal proceedings in which the Federal
High Court or a High Court has imposed a sentence of death;
(f)
decisions made or given by the Federal High Court or a High
court :- (i) where the liberty of a person or the custody
of an infant is concerned;
(ii)
where an injunction or the appointment of a receiver is
granted or refused;
(iii)
in the case of a decision determining the case of a c#FF0000itor
or the liability of a contributory or other officer under
any enactment relating to companies in respect of misfeasance
or otherwise;
(iv)
in the case of a decree nisi in a matrimonial cause or a
decision in an admiralty action determining liability, and
(v)
in such other cases as may be prescribed by any law in force
in Nigeria.
(2)
Nothing in this section shall confer any right of appeal:-
(a) from a decision of the Federal High Court or any High
Court granting unconditional leave to defend an action;
(b)
from an order absolute for the dissolution or nullity of
marriage in favour of any party who, having had time and
opportunity to appeal from decree nisi on which the order
was founded, has not appealed from that decrees nisi; and
(c)
without the leave of the Federal High Court or a High Court
or of the Court of Appeal, from a decision of the Federal
High Court or High Court made with the consent of the parties
or as to costs only.
