The Court Of Appeal Flashcards
Was there an immediate court of appeal between the Supreme Court and the High Court when the privy council was abolished in 1963?
No
Which constitution first provided for a court of appeal
The court of the then existing 3 regions.
However, it was only the Western region that set up a Court of Appeal in 1967, which was abolished in 1976.
How true is this statement
Very True
What year was the Court of Appeal established
The Federal Court of Appeal, as it was then called, was established in 1976, but however, in 1984, its name was modified to Court of Appeal.
Which section of the constitution establishes the Court of Appeal?
Section 237 (1) - There shall be a court of appeal
Section 237 (2) (a) it shall consist of the president of the court of appeal (b) number of Justices must not be less than 49 and at least 3 should be learned in Islamic personal law and Customary law as may be prescribed by an act of the National Assembly.
Section 238 makes provision for the establishment of the President and Justices of the court of appeal. True or False
True.
238 (1) The President shall appoint the President of the Court of Appeal based on the recommendation of the National Judicial Council, subject to Senate confirmation.
238 (2) The President shall appoint a Justice of the Court of Appeal based on the recommendation of the National Judicial Council.
238 (3) A person must have been qualified to practice as a legal practitioner in Nigeria for at least twelve years to hold this office.
238 (4) If the office of the President of the Court of Appeal is vacant or the current officeholder cannot perform their duties, the President shall appoint the most senior Justice of the Court of Appeal to perform these functions until a new appointment is made or the officeholder resumes duties.
238 (5) An appointment made under these provisions, without the recommendation of the National Judicial Council, will expire after three months and can not be renewed by the President. This is an except to the provision of sub 4.
The Court of Appeal has original jurisdiction has it can be seen in the what provision?
Section 239 states that 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 hearing and determining an election petition under subsection (1)(a), the Court of Appeal shall be duly constituted with at least three Justices.
The appellate jurisdiction of the court of appeal is provided for in Section 240. Explain
True. The Court of Appeal has exclusive jurisdiction to hear appeals from the Federal High Court, National Industrial Court, High Courts, Sharia Courts of Appeal, Customary Courts of Appeal, and court martials, as prescribed by an Act of the National Assembly.
Which section provides for appeal as of right from the federal high court or a high court
The answer is section 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 civil or criminal proceedings.
(b) Decisions involving questions of law alone in civil and criminal proceedings.
(c) Interpretation or application of the Constitution in civil and criminal proceedings.
(d) Contravention of Chapter IV of the Constitution in civil and criminal proceedings.
(e) Imposition of a death sentence in criminal proceedings.
(f) Decisions concerning personal liberty, custody of an infant, injunctions, receiverships, creditor liability, matrimonial causes, admiralty actions, and other cases as prescribed by an Act of the National Assembly.
(2) No right of appeal shall be conferred:
(a) From a decision granting unconditional leave to defend an action.
(b) From an order absolute for dissolution or nullity of marriage if there was no appeal from the decree nisi.
(c) Without leave, from a decision made with the consent of the parties or concerning costs only.
What of appeals with leave
Section 242 makes provision for that.
(1) 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, 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 civil or criminal proceedings, after considering the record of the proceedings, if it believes an oral hearing is not required for the interests of justice.
What does section 243 entail
Makes provision for the exercise of right of appeal from the Federal High Court, National Industrial Court, or a High Court in Civil and Criminal matter. Thus:
(1) any right of appeal to the Court of Appeal from decisions of superior Court conferred by this Constitution shall br
(a) In civil proceedings, appeals are exercisable by a party or, with leave of court, by any interested person. In criminal proceedings, appeals are exercisable by the accused or subject to constitutional provisions and powers of the Attorney-General by other prescribed authorities or persons.
(b) Appeals shall be exercised according to Acts of the National Assembly and current court rules governing the Court of Appeal’s powers, practice, and procedure.
(2) An appeal shall lie as of right from the National Industrial Court to the Court of Appeal on questions of fundamental rights under Chapter IV of the Constitution, relating to matters within the National Industrial Court’s jurisdiction.
(3) An appeal shall lie from the National Industrial Court to the Court of Appeal only as prescribed by an Act of the National Assembly, and such appeals require leave from the Court of Appeal.
(4) Subject to section 254C(5), the decision of the Court of Appeal on any appeal from the civil jurisdiction of the National Industrial Court shall be final.
What does section 244 entail
It entails appeals from Sharia court of appeal. Thus:
(1) An appeal shall lie as of right from the Sharia Court of Appeal to the Court of Appeal in any civil proceedings involving questions of Islamic personal law.
(2) This right of appeal may be exercised:
(a) By a party or, with leave, by any interested person.
(b) According to Acts of the National Assembly and current rules governing the Court of Appeal’s powers and procedures.
Appeals from code of conduct tribunal and other courts and tribunals. Which section states this?
Section 246
What of its constitution and practice and procedure
Section 247 states that for exercising any jurisdiction conferred by this Constitution or other laws, the Court of Appeal shall be duly constituted with at least three Justices. In appeals from:
(a) A Sharia Court of Appeal, the Court of Appeal, must include at least three justices knowledgeable in Islamic personal law.
(b) A Customary Court of Appeal, the Court of Appeal, must include at least three justices knowledgeable in customary law.
Section 248 provides the President of the Court of Appeal may make rules to regulate its practice and procedure, subject to Acts of the National Assembly.
What is the case of Sokoto State Government v. Kamdex Nigeria Limited about
In this case, 3 Justices rendered a judgment of a court of appeal. However, one of the judges did not participate in hearing the appeal. The judgement was set aside by the Supreme Court which held that by Section 247 (1) of the Constitution, for the purpose of exercising any jurisdiction conferred upon it on the court of appeal by the constitution or any other law, the court shall be constituted by not less than 3 Justices at the stage of hearing the appeal.
