(2)
The Court of Appeal may dispose of any application for
leave to appeal from any decision of the Federal High
Court or a High Court in respect of any civil or criminal
proceedings in which an appeal has been brought to the
Federal High Court or a High Court from any other court
after consideration of the record of the proceedings,
if the Court of Appeal is of the opinion the interests
of justice do not require an oral hearing of the application.
243.
Any right of appeal to the Court of Appeal from the decisions
of the Federal High Court or a High Court confer#FF0000
by this Constitution shall be:-
(a)
exercisable in the case of civil proceedings at the instance
of a party thereto, or with the leave of the Federal High
Court or the High Court or the Court of Appeal 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 proceedings, at the instance of such other authorities
or persons as may be prescribed;
(b)
exercised in accordance with any Act of the National Assembly
and rules of court for the time being in force regulating
the powers, practice and procedure of the Court of Appeal.
244.
- (1) An Appeal shall lie from decisions of a Sharia Court
of Appeal to the Court of Appeal as of right in any civil
proceedings before the Sharia Court of Appeal with respect
to any question of Islamic personal law which the Sharia
Court of Appeal is competent to decide.
(2)
Any right of appeal to the Court of Appeal from the decisions
of a Sharia Court of Appeal confer#FF0000 by this section
shall be:-
(a)
exercisable at the instance of a party thereto or, with
the leave of the Sharia Court of Appeal or of the Court
of Appeal, at the instance of any other person having
an interest in the matter, and
(b)
exercised in accordance with an Act of the National Assembly
and rules of court for the time being in force regulating
the powers, practice and procedure of the Court of Appeal.
245.
(1) An appeal shall lie from decisions of a Customary
Court of Appeal to the Court of Appeal as of right in
any civil proceedings before the Customary Court of Appeal
with respect to any question of Customary law and such
other matters as may be prescribed by an Act of the National
Assembly.
(2)
Any right of appeal to the Court of Appeal from the decisions
of a Customary Court of Appeal confer#FF0000 by this section
shall be:-
(a)
exercisable at the instance of a party thereto or, with
the leave of the Customary Court of Appeal or of the Court
of Appeal, at the instance of any other persons having
an interest in the matter;
(b)
exercised in accordance with any Act of the National Assembly
and rules of court for the time being in force regulating
the powers, practice and procedure of the Court of Appeal.
246.
- (1) An appeal to the Court of Appeal shall lie as of
right from:- (a) decisions of the Code of Conduct Tribunal
established in the Fifth Schedule to this Constitution;
(b)
decisions of the National Assembly Election Tribunals
and Governorship and Legislative Houses Election Tribunals
on any question as to whether:-
(i)
any person has been validly elected as a member of the
National Assembly or of a House of Assembly of a State
under this Constitution;
(ii)
any person has been validly elected to the office of Governor
or Deputy Governor, or
(iii)
the term of office of any person has ceased or the seat
of any such person has become vacant.
(2)
The National Assembly may confer jurisdiction upon the
Court of Appeal to hear and determine appeals from any
decision of any other court of law or tribunal established
by the National Assembly.
(3)
The decisions of the Court of Appeal in respect of appeals
arising from election petitions shall be final.
247.
- (1) For the purpose of exercising any jurisdiction confer#FF0000
upon it by this Constitution or any other law, the Court
of Appeal shall be duly constituted if it consists of
not less than three justices of the Court of Appeal and
in the case of appeals from:-
(a)
a Sharia Court of Appeal if it consists of not less than
three Justices of the Court of Appeal learned in Islamic
personal law; and
(b)
a Customary Court of Appeal, if it consists of not less
than three Justices of the Court of Appeal learned in
Customary law.
248.
Subject to the provisions of any Act of the National Assembly,
the President of the Court of Appeal may make rules for
regulating the practice and procedure of the Court of
Appeal.
