Section 237-248 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 237 to 248 of the Nigerian Constitution 1999

Table of Contents

Section 237-248 of the Nigerian Constitution 1999 is under B (The Court of Appeal) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.

Section 237 of the Nigerian Constitution 1999

Establishment of Court of Appeal

(1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of –
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be
learned I Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an
Act of the National Assembly.

Section 238 of the Nigerian Constitution 1999

Appointment of President and Justices of the Court of Appeal

(1) The appointment of a person to the office of President of the Court of appeal shall be made by the President
o 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 the 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.

Section 239 of the Nigerian Constitution 1999

Original jurisdiction

(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 –
(a) any person has been validity 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 the hearing and determine 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 Appeal.

Section 240 of the Nigerian Constitution 1999

Appellate jurisdiction

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 from the Federal High Court, the High Court of the
Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of the Federal Capital Territory,
Abuja, Sharia Court of Appeal of a state, 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.

Section 241 of the Nigerian Constitution 1999

Appeals as of rights from the Federal high Court or a High Court

(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 any civil or criminal proceedings before the Federal High Court or a High Court sitting at first
instance;
(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;
(c) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this
Constitution;
(d) 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;
(e) decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence
of death;
(f) decisions made or given by the Federal High Court or a High Court –
(i) where the liberty of a person or the custody of an infant is concerned,
(ii) where an injunction or the appointment of a receiver is granted or refused,
(iii) in the case of a decision determining the case of a creditor or the liability of a contributory or other officer under
any enactment relating to companies in respect of misfeasance or otherwise,
(iv) in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability, and
(v) in such other cases as may be prescribed by any law in force in Nigeria.
(2) Nothing in this section shall confer any of appeal –
(a) from a decision of the Federal High Court or any High Court granting unconditional leave to defend an action;
(b) 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 the decree nisi on which the order was founded, has not appealed from that decree nisi;
and
(c) without the leave of the Federal High Court or a High Court or of Appeal, from a decision of the Federal High
Court High Court made with the consent of the parties or as to costs only

See also  Section 217-220 of the Nigerian Constitution 1999

Section 242 of the Nigerian Constitution 1999

Appeals with leave

(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 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 that the interests of justice do not require an oral hearing of the application.

Section 243 of the Nigerian Constitution 1999

Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters

Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or a High Court
conferred 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 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 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;
(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.

Section 244 of the Nigerian Constitution 1999

Appeals from Sharia 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 conferred 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.

See also  Schedule IV to the Nigerian Constitution 1999

Section 245 of the Nigerian Constitution 1999

Appeals from customary 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 conferred 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 person 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.

Section 246 of the Nigerian Constitution 1999

Appeal from Code of Conduct Tribunal and other courts and tribunals

(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 a 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.

Section 247 of the Nigerian Constitution 1999

Constitute

(1) For the purpose of exercising any jurisdiction conferred 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 Court of Appeal learned in
Customary law.

Section 248 of the Nigerian Constitution 1999

Practice and procedure

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.

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

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