Chapter VII
The Judicature

Part I


Part : I  -  II  -  III  -  IV
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8
    1. Subject to the provisions of section 241 of this Constitution, an appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or that High Court or the Court of Appeal.
    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.

  1. 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:-

    1. 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;
    2. 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.

    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:-
      1. 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
      2. 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.
    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:-
      1. 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;
      2. 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.
    1. An appeal to the Court of Appeal shall lie as of right from:-
      1. decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this Constitution;
      2. decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether:-
        1. 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;
        2. any person has been validly elected to the office of Governor or Deputy Governor, or
        3. 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.
    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:-
      1. 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
      2. a Customary Court of Appeal, if it consists of not less than three Justices of the Court of Appeal learned in Customary law.
  2. 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.


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