Chapter VII
The Judicature

Part I


Part : I  -  II  -  III  -  IV
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8
    1. The appointment of a person to the office of President of the Court of Appeal shall be made by the President on the recommendation of the National judicial Council subject to confirmation of such appointment by the Senate.
    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.

    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:
      1. any person has been validly elected to the office of President or vice-president under this Constitution; or.
      2. the term of office of the President or vice-president has ceased; or
      3. 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.
  1. 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.

    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 :-
      1. final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at first instance;
      2. where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;
      3. decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;
      4. 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;
      5. decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death;
      6. decisions made or given by the Federal High Court or a High court :-
        1. where the liberty of a person or the custody of an infant is concerned;
        2. where an injunction or the appointment of a receiver is granted or refused;
        3. 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;
        4. in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability, and
        5. 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;
      1. from a decision of the Federal High Court or any High Court granting unconditional leave to defend an action;
      2. 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
      3. 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.


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