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Section 230-236 of the Nigerian Constitution 1999

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Section 230 to 236 of the Nigerian Constitution 1999

Section 230-236 of the Nigerian Constitution 1999 is under A (The Supreme Court of Nigeria) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.

Section 230 of the Nigerian Constitution 1999

Establishment of the Supreme Court of Nigeria

(1) There shall be a Supreme Court of Nigeria.
(2) The Supreme Court of Nigeria shall consist of –
(a) the Chief Justice of Nigeria; and
(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the
National Assembly.

See also  Chapter IV (The Executive): Section 130-152 of the Nigerian Constitution 1999

Section 231 of the Nigerian Constitution 1999

Appointment of Chief justices of Nigeria and justices of the Supreme Court

(1) The appointment of a person to the office of Chief Justice of Nigeria 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 Supreme Court shall be made by the President on the
National Judicial Council subject to confirmation of such appointment by the senate.
(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court,
unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less
than fifteen years.
(4) If the office of Chief Justice of Nigeria 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 has resumed those functions, the President shall appoint the most senior Justice of
the Supreme Court 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-appointment a person whose appointment has lapsed.

Section 232 of the Nigerian Constitution 1999

Original jurisdiction

(1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
between the Federation and a state or between states if and in so far as that dispute involves any question (whether
of law or fact) on which the existence or extent of a legal right depends.
(2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have
such original jurisdiction as may be conferred upon it by any Act of the National Assembly.
Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.

See also  Schedule IV to the Nigerian Constitution 1999

Section 233 of the Nigerian Constitution 1999

Appellate jurisdiction

(1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and
determine appeals from the Court of Appeal.

(2) An appeal shall lie form decisions of the Court of Appeal to the Supreme Court as of right in the following cases
(a) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before
the Court of Appeal;
(b) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this
constitution,
(c) 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;
(d) decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or
in which the Court of Appeal has affirmed a sentence of death imposed by any other court;
(e) decisions on any question –
(i) whether any person has been validly elected to the office of President or Vice-President under this Constitution,
(ii) whether the term of office of office of President or Vice-President has ceased,
(iii) whether the office of President or Vice-President has become vacant; and
(c) such other cases as may be an Act of the National Assembly.

(3) Subject to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Court of
Appeal to the Supreme Court with the leave of the Court of Appeal or the Supreme Court.

(4) The Supreme Court may dispose of any application for leave to appeal from any decision of the Court Appeal in
respect of any civil or criminal proceedings in the record of the proceedings if the Supreme Court is of opinion that
the interests of justice do not require an oral hearing of the application.

(5) Any right of appeal to the supreme Court from the decisions of the Court of Appeal conferred by this section
shall be exercisable in the Case of civil proceedings at the instance of a party thereto, or with the leave of the Court
of Appeal or the Supreme Court at the instance of an 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 conferred 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.

(6) Any right of appeal to the Supreme Court form the decisions of the Court of Appeal conferred by this section
shall, subject to section 236 of this Constitution, be 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 Supreme Court.

See also  Section 12 of the Nigerian Constitution 1999

Section 234 of the Nigerian Constitution 1999

Constitution

For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, the Supreme
Court shall be duly constituted if it consists of not less than five Justices of the Supreme Court:
Provided that where the Supreme Court is sitting to consider an appeal brought under 233(2)(b) or (c) of this
Constitution, or to exercise its original jurisdiction in accordance with section 232 of this Constitution, the Court
shall be constituted by seven Justices.

Section 235 of the Nigerian Constitution 1999

Finality of determinations

Without prejudice to the powers of the President or of the Governor of a state with respect to prerogative of
mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court.

Section 236 of the Nigerian Constitution 1999

Practice and procedure

Subject to the provisions of any Act of the National Assembly, the Chief Justice of Nigeria may make rules for
regulating the practice and procedure of the Supreme Court.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

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  1. Pingback: The Illegality and Burden of Enforcement of the 8th February 2023 Supreme Court Interim Order Suspending the Implementation of the Deadline for Circulation of the Old Nigerian Currency Notes – Manfred Ekpe, Esq.

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