such number
of Justices of the Supreme Court, not exceeding
twenty-one, as may be prescribed by an Act of the National
Assembly.
231.
(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.
232.
(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.
233.
(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.
234. 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.
235. 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.
236. 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.
B - The Court of Appeal
237.
(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.
238.
(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.
239.
(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.
240. 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.
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 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
242.
(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.
243. 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.
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 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.
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 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.
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 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.
247.
(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.
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.
C - The Federal High Court
249.
(1)
There shall be a Federal High Court.
(2)
The Federal High Court shall consist of -
(a)
a Chief Judge
of the Federal High Court; and
(b)
such number of
Judges of the Federal High Court as may be prescribed by the
an Act of the National Assembly.
250.
(1)
The appointment of a person to the office of Chief Judge of the
Federal High Court 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 Judge of the Federal High Court
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 Chief Judge of the Federal
High Court unless he is qualified to practise as a legal
practitioner in Nigeria and has been so qualified for a period
of not less than ten years.
(4)
If the office of
Chief Judge of the Federal High Court 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 those functions of that office until the
person holding the office has resumed those functions the
President shall appoint the most senior Judge of the Federal
High Court to perform those functions''
(5)
Except on the
recommendation of the National Judicial Council, an appointment
pursuant to the provisions of subsection (3) 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
251.
(1)
Notwithstanding anything to the contained in this Constitution and
in addition to such other jurisdiction as may be conferred upon it
by an Act of the National Assembly, the Federal High Court shall
have and exercise jurisdiction to the exclusion of any other court
in civil causes and matters -
(a)
relating to the
revenue of the Government of the Federation in which the
said Government or any organ thereof or a person suing or
being sued on behalf of the said Government is a party;
(b)
connected with
or pertaining to the taxation of companies and other bodies
established or carrying on business in Nigeria and all other
persons subject to Federal taxation;
(c)
connected with
or pertaining to customs and excise duties and export
duties, including any claim by or against the Nigeria
Customs Service or any member or officer thereof, arising
from the performance of any duty imposed under any
regulation relating to customs and excise duties and export
duties;
(d)
connected with
or pertaining to banking, banks, other financial
institutions, including any action between one bank and
another, any action by or against the Central Bank of
Nigeria arising from banking, foreign exchange, coinage,
legal tender, bills of exchange, letters of credit,
promissory notes and other fiscal measures:
Provided that this paragraph shall not
apply to any dispute between an individual customer and his
bank in respect of transactions between the individual
customer and the bank;
(e)
arising from
the operation of the Companies and Allied Matters Act or any
other enactment replacing the Act or regulating the
operation of companies incorporated under the Companies and
Allied Matters Act;
(f)
any Federal
enactment relating to copyright, patent, designs, trade
marks and passing-off, industrial designs and merchandise
marks, business names, commercial and industrial monopolies,
combines and trusts, standards of goods and commodities and
industrial standards;
(g)
any admiralty
jurisdiction, including shipping and navigation on the River
Niger or River Benue and their affluents and on such other
inland waterway as may be designated by any enactment to be
an international waterway, all Federal ports, (including the
constitution and powers of the ports authorities for Federal
ports) and carriage by sea;
(h)
diplomatic,
consular and trade representation;
(i)
citizenship,
naturalisation and aliens, deportation of persons who are
not citizens of Nigeria, extradition, immigration into and
emigration from Nigeria, passports and visas;
(j)
bankruptcy and
insolvency;
(k)
aviation and
safety of aircraft.
(l)
arms,
ammunition and explosives;
(m)
drugs and
poisons;
(n)
mines and
minerals (including oil fields, oil mining, geological
surveys and natural gas);
(o)
weights and
measures:
(p)
the
administration or the management and control of the Federal
Government or any of its agencies;
(q)
subject to the
provisions of this Constitution, the operation and
interpretation of this Constitution in so far as it affects
the Federal Government or any of its agencies;
(r)
any action or
proceeding for a declaration or injunction affecting the
validity of any executive or administrative action or
decision by the Federal Government or any of its agencies;
and
(s)
such other
jurisdiction civil or criminal and whether to the exclusion
of any other court or not as may be conferred upon it by an
Act of the National Assembly:
Provided that nothing in the provisions
of paragraphs (p), (q) and (r) of this subsection shall
prevent a person from seeking redress against the Federal
Government or any of its agencies in an action for damages,
injunction or specific performance where the action is based
on any enactment, law or equity.
(2)
The Federal High
Court shall have and exercise jurisdiction and powers in respect
of treason, treasonable felony and allied offences.
(3)
The Federal High
Court shall also have and exercise jurisdiction and powers in
respect of criminal causes and matters in respect of which
jurisdiction is conferred by subsection (1) of this section.
252.
(1)For
the purpose of exercising any jurisdiction conferred upon it by
this Constitution or as may be conferred by an Act of the National
Assembly, the Federal High Court shall have all the powers of the
High Court of a state.
(2)
Notwithstanding
subsection (1) of this section, the National Assembly may by law
make provisions conferring upon the Federal high Court powers
additional to those conferred by this section as may appear
necessary or desirable for enabling the Court more effectively
to exercise its jurisdiction.
253. The Federal High Court shall be duly
constituted if it consists of at least one Judge of that Court.
254. Subject to the provisions of any Act of
the National Assembly, the Chief Judge of the Federal High Court
may make rules for regulating the practice and procedure of the
Federal High Court.
D - The High Court of the Federal Capital Territory,
Abuja
255.
(1)There
shall be a High Court of the Federal Capital Territory, Abuja.
(2)
The High Court of
the Federal Capital Territory, Abuja shall consist of -
(a) a Chief Judge of the High Court of
the Federal Capital Territory, Abuja; and
(b) such number of Judges of the High
Court as may be prescribed by an Act of the National
Assembly.
256.
(1)
The appointment of a person to the office of Chief Judge of the
High Court of the Federal Capital Territory, Abuja 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 Judge of the High Court of the
Federal Capital Territory, Abuja 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 Chief Judge or a Judge of
the High Court of the Federation Capital Territory, Abuja unless
he is qualified to practice as a legal practitioner in Nigeria
and has been so qualified for a period of not less than ten
years.
(4)
If the office of
the Chief Judge of the High Court of the Federal Capital
Territory, Abuja 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 until the person holding the office has
resumed those functions, the President shall appoint the most
senior Judge of the High Court of the Federal Capital Territory,
Abuja, 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.
257.
(1)
Subject to the provisions of section 251 and any other provisions
of this Constitution and in addition to such other jurisdiction as
may be conferred upon it by law, the High Court of the Federal
Capital Territory, Abuja shall have jurisdiction to hear and
determine any civil proceedings in which the existence or extent
of a legal right, power, duty, liability privilege, interest,
obligation or claim is in issue or to hear and determine any
criminal proceedings involving or relating to any penalty,
forfeiture, punishment or other liability in respect of an offence
committed by any person.
(2)
The reference to
civil or criminal proceedings in this section includes a
reference to the proceedings which originate in the High Court
of the Federal Capital Territory, Abuja and those which are
brought before the High Court of the Federal Capital Territory,
Abuja to be dealt with by the Court in the exercise of its
appellate or supervisory jurisdiction.
258. The High Court of the Federal Capital
Territory, Abuja shall be duly constituted if it consists of at
least one Judge of that court.
259. Subject to the provisions of any Act of
the National Assembly, the Chief Judge of the High Court of the
Federal Capital Territory, Abuja may make rules for regulating the
practice and procedure of the High Court of the Federal Capital
Territory, Abuja.
260. (1)
There shall be a Sharia Court of Appeal of the Federal Capital
Territory, Abuja.
(2)
The Sharia Court of
Appeal of the Federal Capital Territory, Abuja shall consist of -
(a)
a Grand Kadi of the
Sharia Court of Appeal. and
(b)
such number of
Kadis of the Sharia Court of Appeal as may be prescribed by an
Act of the National Assembly.
261. (1)
The appointment of a person to the office of the Grand Kadi of the
Sharia Court of Appeal of the Federal Capital Territory, Abuja
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 Kadi of the Sharia 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 office as Grand Kadi or Kadi of the Sharia
Court of Appeal of the Federal Capital Territory, Abuja unless -
(a)
he is a legal
practitioner in Nigeria and has so qualified for a period of
not less than ten years and has obtained a recognised
qualification in Islamic law from an institution acceptable
to the National Judicial Council; or
(b)
he has attended
and has obtained a recognised qualification in Islamic law
from an institution approved by the National Judicial
Council and has held the qualification for a period of not
less than twelve years; and
(i)
he either has
considerable experience in the Practice of Islamic law, or
(ii)
he is a
distinguished scholar of Islamic law.
(4)
If the office of
the Grand Kadi of the Sharia 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 Kadi of the Sharia
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.
262.
(1)
The Sharia Court of Appeal shall, in addition to such other
jurisdiction as may be conferred upon it by an Act of the National
Assembly, exercise such appellate and supervisory jurisdiction in
civil proceedings involving questions of Islamic personal law.
(2)
For the purpose of
subsection (1) of this section, the Sharia Court of Appeal shall
be competent to decide -
(a)
any question of
Islamic personal law regarding a marriage concluded in
accordance with that law, including a question relating to
the validity or dissolution of such a marriage or a question
that depends on such a marriage and relating to family
relationship or the guardianship of an infant;
(b)
where all the
parties to the proceeding are Muslims, any question of
Islamic personal law regarding a marriage, including the
validity or dissolution of that marriage, or regarding
family relationship, a foundling or the guardianship of an
infant;
(c)
any question of
Islamic personal law regarding a wakf, gift, will or
succession where the endower, donor, testator or deceased
person is a Muslim;
(d)
any question of
Islamic personal law regarding an infant, prodigal or person
of unsound mind who is a Muslim or the maintenance or the
guardianship of a Muslim who is physically or mentally
infirm; or
(e)
where all the
parties to the proceedings, being Muslims, have requested
the court that hears the case in the first instance to
determine that case in accordance with Islamic personal law,
any other question.
263. For the purpose of exercising any
jurisdiction conferred upon it by this Constitution or any Act of
the National Assembly, the Sharia Court of Appeal shall be duly
constituted if it consists of at least three Kadis of that Court.
264. Subject to the provisions of any Act of the National
Assembly, the Grand Kadi of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja may make rules for regulating the
practice and procedure of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja.
F - The Customary Court of Appeal of the Federal Capital Territory,
Abuja.
265. (1)
There shall be a Customary Court of Appeal of the Federal Capital
Territory, Abuja.
(2)
The Customary Court
of Appeal of the Federal Capital Territory, Abuja shall consist
of -
(a)
a President of
the Customary Court of Appeal; and
(b)
such number of
Judges of the Customary Court of Appeal as may be prescribed
by an Act of the National Assembly.
266. (1)
The appointment of a person to the office of the President of the
Customary Court of Appeal of the Federal Capital Territory, Abuja
shall be made by the President on the recommendation of the
National Judicial Council, subject to the confirmation of such
appointment by the Senate.
(2)
The appointment of
a person to the office of a Judge of the Customary Court of
Appeal shall be made by the President on the recommendation of
the National Judicial Council.
(3)
Apart from such
other qualification as may be prescribed by an Act of the
National Assembly, a person shall not be qualified to hold the
office of President or a Judge of the Customary Court of Appeal
of the Federal Capital Territory, Abuja, unless -
(a)
he is a legal
practitioner in Nigeria and has been so qualified for a
period of not less than ten years and, in the opinion of the
National Judicial Council he has considerable knowledge and
experience in the practice of Customary law; or
(b)
in the opinion
of the National Judicial Council he has considerable
knowledge of and experience in the practice of Customary
law.
(4)
If the office of
the President of the Customary 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 assumed the functions of that office, or
until the person holding the office has resumed those functions,
the President shall appoint the next most senior Judge of the
Customary 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 no
re-appoint a person whose appointment has lapsed.
267. The Customary Court of Appeal of the
Federal Capital Territory, Abuja shall, in addition to such other
jurisdiction as may be conferred upon by an Act of The National
Assembly Exercise such appellate and supervisory jurisdiction in
civil proceedings involving questions of Customary law.
268. For the purpose of exercising any
jurisdiction conferred upon it by this Constitution or any Act of
the National Assembly, the Customary Court of Appeal shall be duly
constituted if it consists of at least three Judges of that Court.
269. Subject to the provisions of any Act of the National
Assembly, the President of the Customary Court of Appeal of the
Federal Capital Territory, Abuja, may make rules for regulating
the practice and procedure of the Customary Court of Appeal of the
Federal Capital Territory, Abuja.
270. (1) There shall be a
High Court for each State of the Federation.
(2)
The High Court of a
State shall consist of -
(a)
a Chief Judge
of the State; and
(b)
such number of
Judges of the High Court as may be prescribed by a Law of
the House of Assembly of the State.
271. (1)
The appointment of a person to the office of Chief Judge of a
State shall be made by the Governor of the State on the
recommendation of the National Judicial Council subject to
confirmation of the appointment by the House of Assembly of the
State.
(2)
The appointment of
a person to the office of a Judge of a High Court of a State
shall be made by the Governor of the State acting on the
recommendation of the National Judicial Council.
(3)
A person shall not
be qualified to hold office of a Judge of a High Court of a
State unless he is qualified to practice as a legal practitioner
in Nigeria and has been so qualified for a period of not less
than ten years.
(4)
If the office of
Chief Judge of a State is vacant or if the person holding the
office is for any person 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 Governor of
the State shall appoint the most senior Judge of the High Court
to perform those functions.
(5)
Except on the
recommendation of the National Judicial Council an appointment
pursuant to subsection (4) of this section shall cease to have
effect after expiration of three months from the date of such
appointment and the Governor shall not re-appoint a person whose
appointment has lapsed.
272. (1)
Subject to the provisions of section 251 and other provisions of
this Constitution, the High Court of a State shall have
jurisdiction to hear and determine any civil proceedings in which
the existence or extent of a legal right, power, duty, liability,
privilege, interest, obligation or claim is in issue or to hear
and determine any criminal proceedings involving or relating to
any penalty, forfeiture, punishment or other liability in respect
of an offence committed by any person.
(2)
The reference to
civil or criminal proceedings in this section includes a
reference to the proceedings which originate in the High Court
of a State and those which are brought before the High Court to
be dealt with by the court in the exercise of its appellate or
supervisory jurisdiction.
273. For the purpose of exercising any
jurisdiction conferred upon it under this Constitution or any law,
a High court of a State shall be duly constituted if it consists
of at least one Judge of that Court.
274. Subject to the provisions of any law made by the House of
Assembly of a State, the Chief Judge of a State may make rules for
regulating the practice and procedure of the High Court of the
State.
275. (1)
There shall be for any State that requires it a Sharia Court of
Appeal for that State.
(2)
The Sharia Court of
Appeal of the State shall consist of -
(a)
A Grandi Kadi
of the Sharia Court of Appeal; and
(b)
such member of
Kadi of the Sharia Court of Appeal as may be prescribed by
the House of Assembly of the State.
276. (1)
The appointment of a person to the office of the Grandi Kadi of
the Sharia Court of Appeal of a State shall be made by the
Governor of the State on the recommendation of the National
Judicial Council, subject to confirmation of such appointment by
the House of Assembly of the State.
(2)
The appointment of
a person to the office of a Kadi of the Sharia Court of Appeal
of a State shall be made by the Governor of the State on the
recommendation of the National Judicial Council.
(3)
A person shall not
be qualified to hold office as a Kadi of the Sharia Court of
Appeal of a State unless -
(a)
he is a legal
practitioner in Nigeria and has been so qualified for a
period of not less than ten years and has obtained a
recognised qualification in Islamic law from an institution
acceptable to the National Judicial Council; or
(b)
he has attended
and has obtained a recognised qualification in Islamic law
from an institution approved by the National Judicial
council and has held the qualification for a period of not
less than ten years; and
(i)
he either has
considerable experience in the practice of Islamic law, or
(ii)
he is a
distinguished scholar of Islamic law.
(4)
If the office of
the Grandi Kadi of the Sharia Court of Appeal of a State is
vacant or if a person holding the office is for any reason
unable to perform the function of the office, then until a
person has been appointed to and has assumed the function s of
that office, or until the person holding the office has resumed
those functions, the Governor of the State shall appoint the
most senior Kadi of the Sharia Court of Appeal of the State to
perform those functions.
(5)
Except on the
recommendation of the National Judicial Council, an appointment
pursuant to subsection (4) of this section shall cease to have
effect after the expiration of three months from the date of
such appointment, and the Governor shall not re-appoint a person
whose appointment has lapsed.
277.
(1)
The sharia Court of Appeal of a State shall,
in addition to such other jurisdiction as may be conferred upon it
by the law of the State, exercise such appellate and supervisory
jurisdiction in civil proceedings involving questions of Islamic
personal Law which the court is competent to decide in accordance
with the provisions of subsection (2) of this section.
(2)
For the purposes of
subsection (1) of this section, the sharia Court of Appeal shall
be competent to decide -
(a)
any question of
Islamic personal Law regarding a marriage concluded in
accordance with that Law, including a question relating to
the validity or dissolution of such a marriage or a question
that depends on such a marriage and relating to family
relationship or the guardianship of an infant;
(b)
where all the
parties to the proceedings are muslims, any question of
Islamic personal Law regarding a marriage, including the
validity or dissolution of that marriage, or regarding
family relationship, a founding or the guarding of an
infant;
(c)
any question of
Islamic personal Law regarding a wakf, gift, will or
succession where the endower, donor, testator or deceased
person is a muslim;
(d)
any question of
Islamic personal Law regarding an infant, prodigal or person
of unsound mind who is a muslim or the maintenance or the
guardianship of a muslim who is physically or mentally
infirm; or
(e)
where all the
parties to the proceedings, being muslims, have requested
the court that hears the case in the first instance to
determine that case in accordance with Islamic personal law,
any other question.
278. For the purpose of exercising any
jurisdiction conferred upon it this Constitution or any law, a
sharia Court of Appeal of a State shall be duly constituted if it
consists of at least three kadis of that Court.
279. Subject to provisions of any made by the House of Assembly of
the State, the Grand Kadi of the Sharia Court of Appeal of the
state may make rules regulating the practice and procedure of the
Sharia Court of Appeal.
C - Customary Court of Appeal of a State
280.
(1)
There shall be for any State that requires it a Customary Court of
Appeal for that State.
(2)
The Customary Court
of Appeal of a State shall consist of -
(a)
a President of
the Customary Court of Appeal of the State; and
(b)
such number of
Judges of the Customary Court of Appeal as may be prescribed
by the House of Assembly of the State.
281.
(1)
The appointment of a person to the office of President of a
Customary Court of Appeal shall be made by the governor of the
State on the recommendation of the national Judicial Council,
subject to confirmation of such appointment by the House of
Assembly of the State.
(2)
The appointment of
a person to the office of a Judge of a Customary Court of Appeal
shall be made by the Governor of the State on the recommendation
of the National Judicial Council.
(3)
Apart from such
other qualification as may be prescribed by a law of the House
of Assembly of the State, a person shall not be qualified to
hold office of a president or of a Judge of a Customary Court of
Appeal of a State unless -
(a)
he is a legal
practitioner in Nigeria and he has been so qualified for a
period of not less than ten years and In the opinion of the
National Judicial Council he has considerable knowledge and
experience in the practice of Customary law; or
(b)
in the opinion
of the National Judicial Council he has considerable
knowledge of and experience in the practice of Customary
law.
(4)
If the office of
President of the Customary Court of Appeal of a State 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 the functions
of that office, or until the person holding the office has
resumed those functions, the Governor of the State shall appoint
the most senior Judge of the Customary Court of Appeal of the
State to perform those functions.
(5)
Except on the
recommendation of the National Judicial Council, an appointment
pursuant to subsection (4) of this section shall cease to have
effect after the expiration of three months from the date of
such appointment, and the Governor shall not re-appoint a person
whose appointment has lapsed.
282.
(1)
A Customary Court of Appeal of a State shall exercise appellate
and supervisory jurisdiction in civil proceedings involve
questions of Customary law.
(2)
For the purpose of
this section, a Customary Court of Appeal of a State shall
exercise such jurisdiction and decide such questions as may be
prescribed by the House of Assembly of the State for which it is
established.
283. For the purpose of exercising any
jurisdiction conferred upon it by this Constitution or any law, a
Customary Court of Appeal of the State may make rules for
regulating the practice and procedure of the Customary Court of
Appeal of the State.
284. Subject to the provisions of any law by the House of Assembly
of the State, the President of the Customary Court of Appeal of
the State may make rules for regulating the practice and procedure
of the customary Court of Appeal of the State.
Part III
Election Tribunals
285.
(1)
There shall be established for the Federation one or more election
tribunals to be known as the National Assembly Election Tribunals
which shall, to the exclusion of any or tribunal, have original
jurisdiction to hear and determine petitions as to whether -
(a)
any person has
been validly elected as a member of the National Assembly;
(b)
the term of
office of any person under this Constitution has ceased;
(c)
the seat of a
member of the Senate or a member of the House of
Representatives has vacant; and
(d)
a question or
petition brought before the election tribunal has been
properly or improperly brought.
(2)
There shall be
established in each State of the Federation one or more election
tribunals to be known as the Governorship and Legislative Houses
Election Tribunals which shall, to the exclusion of any court or
tribunal, have original jurisdiction to hear and determine
petitions as to whether any person has been validly elected to
the office of Governor or Deputy Governor or as a member of any
legislative house.
(3)
The composition of
the National Assembly election Tribunals, Governorship and
Legislative Houses Election Tribunals shall be as set out I the
Sixth Schedule to this Constitution.
(4)
The quorum of an election tribunal
established under this section shall be the Chairman and two
other members.
Part IV
Supplemental
286. (1)
Subject to the provisions of this Constitution-
(a)
where by the Law of a State
jurisdiction is conferred upon any court for the hearing and
determination of civil causes and of appeals arising out of
such causes, the court shall have like jurisdiction with
respect to the hearing and determination of Federal causes
and of appeals arising out of such causes:
(b)
where by the
Law of a State jurisdiction is conferred upon any court for
the investigation, inquiry into, or trial of persons accused
of offences against the Laws of the State and with respect
to the hearing and determination of appeals arising out of
any such trial or out of any proceedings connected
therewith, the court shall have like jurisdiction with
respect to the investigation, inquiry into, or trial of
persons for Federal offences and the hearing and
determination of appeals arising out of the trial or
proceedings; and
(c)
the
jurisdiction conferred on a court of a state pursuant to the
provisions of this section shall be exercised in conformity
with the practice and procedure for the time being
prescribed in relation to its jurisdiction over civil or
criminal causes other than Federal causes.
(2)
Nothing in the
provisions of this section shall be construed, except in so far
as other provisions have been made by the operation of sections
299 and 301 of this Constitution, as conferring jurisdiction as
respects Federal causes or Federal offences upon a court
presided over by a person who is not or has not been qualified
to practice as a legal practitioner in Nigeria.
(3)
In this section,
unless the context otherwise requires -
" causes" includes matter;
"Federal cause" means civil or criminal cause
relating to provisions of the National Assembly has power to
make laws; and
"Federal offence" means an offence contrary
to the provisions of Act of the National Assembly or any law
having effect as if so enacted.
287. (1)
The decisions of the Supreme court shall be enforced in any part
of the Federation by all authorities and persons, and by courts
with subordinate jurisdiction to that of the supreme Court.
(2)
The decisions of
the Court of Appeal shall be enforced in any part of the
Federation by all authorities and persons, and by courts with
subordinate jurisdiction to that of the court of Appeal.
(3)
The decisions of
the Federal High Court, a High Court and of all other courts
established by this Constitution shall be enforced in any part
of the Federation by all authorities and persons, and by other
courts of law with subordinate jurisdiction to that of the
Federal High Court, a High Court and those other courts,
respectively.
288. (1)
In exercising his powers under the foregoing provisions of this
Chapter in respect of appointments to the offices of Justices of
the Supreme court and Justices of the Court of Appeal, the
President shall have regard to the need to ensure that there are
among the holders of such offices persons learned in Islamic
personal law and persons learned in Customary law.
(2)
For the purposes of
subsection (1) of this section -
(a)
a person shall
be deemed to be learned in Islamic personal law if he is a
legal practitioner in Nigeria and has been so qualified for
a period of not less than fifteen years in the case of a
Justice of the Supreme Court or not less than twelve years
in the case of a Justice of the Court of Appeal and has in
either case obtained a recognized qualification in Islamic
law from an institution acceptable to the national Judicial
Council; and
(b)
a person shall
be deemed to be learned in Customary law if he is a legal
practitioner in Nigeria and has been so qualified for a
period of not less than fifteen years in the case of a
Justice of the Supreme Court or not less than twelve years
in the case of a Justice of the Court of Appeal and has in
either case and in the opinion of the National Judicial
Council considerable knowledge of and experience in the
practice of Customary law.
289. No legal practitioner shall be qualified
for appointment as a Justice of the Supreme Court, the Court of
Appeal or a Judge of a Federal High Court or a Judge of a High
Court or a kadi of a Sharia Court of Appeal or a Judge of the
Customary Court of Appeal whilst he is a member of the National
Judicial Council or Committee of the Federal Capital Territory,
Abuja or a State Judicial Service Commission, and he shall remain
so disqualified until a period of three years has elapsed since he
ceased to be member.
290. (1)
A person appointed to any judicial office shall not begin to
perform the functions of that office until he has declared his
assets and liabilities as prescribed under this Constitution and
has subsequently taken and subscribed the Oath of Allegiance and
the Judicial Oath prescribed in the seventh Schedule to this
Constitution.
(2)
The oaths aforesaid
shall be administered by the person for the time being
authorized by law to administer such oaths.
291. (1)
A judicial officer appointed to the Supreme Court or the Court of
Appeal may retire when he attains the age of sixty-five years and
he shall cease to hold office when he attains the age of seventy
years.
(2)
A judicial officer
appointed to any other court, other than those specified in
subsection (1) of this section may retire when he attains the
age of sixty years and he shall cease to hold office when he
attains the age of sixty-five years.
(3)
Any person who has
held office as a judicial officer -
(a)
for a period of
not less than fifteen years shall, if he retires at or after
the age of sixty-five years in the case of the Chief Justice
of Nigeria, a Justice of the Supreme Court, the President of
the court of Appeal or a Justice of the Court of Appeal or
at or after the age of sixty years in any other case, be
entitled to pension for life at a rate equivalent to his
last annual salary and all his allowances in addition to any
other retirement benefits to which he may be entitled;
(b)
for a period of
less than fifteen years shall, if he retires at or after the
age of sixty-five years or sixty years, as the case may be,
be entitled to pension for life at a rate as in paragraph
(a) of this subsection pro rata the number of years he
served as a judicial officer in relation to the period of
fifteen years, and all his allowances in addition to other
retirement benefits to which he may be entitled under his
terms and conditions of service; and
(c)
in any case,
shall be entitled to such pension and other retirement
benefits as may be regulated by an Act o the National
Assembly or by a Law of a House of Assembly of a State.
(4)
Nothing in this
section or elsewhere in this Constitution shall preclude the
application of the provisions of any other law that provides for
pensions, gratuities and other retirement benefits for persons
in the public service of the Federation or a State.
292.
(1)
A judicial officer shall not be removed from his office or
appointment before his age of retirement except in the following
circumstances -
(a)
in the case of
-
(i)
Chief Justice
of Nigeria, President of the Court of Appeal, Chief Judge
of the Federal High Court, Chief Judge of the High Court
of the Federal Capital Territory, Abuja, Grand Kadi of the
Sharia Court of Appeal of the Federal Capital Territory,
Abuja and President, Customary Court of Appeal of the
Federal Capital Territory, Abuja, by the President acting
on an address supported by two-thirds majority of the
Senate.
(ii)
Chief Judge
of a State, Grand Kadi of a Sharia Court of Appeal or
President of a Customary Court of Appeal of a State, by
the Governor acting on an address supported by two-thirds
majority of the House of Assembly of the State,
Praying that he be so removed for his
inability to discharge the functions of his office or
appointment (whether arising from infirmity of mind or of
body) or for misconduct or contravention of the Code of
Conduct;
(b)
in any case,
other than those to which paragraph (a) of this subsection
applies, by the President or, as the case may be, the
Governor acting on the recommendation of the National
Judicial Council that the judicial officer be so removed for
his inability to discharge the functions of his office or
appointment (whether arising from infirmity of mind or of
body) or for misconduct or contravention of the Code of
Conduct.
(2)
Any person who has
held office as a judicial officer shall not on ceasing to be a
judicial officer for any reason whatsoever thereafter appear or
act as a legal practitioner before any court of law or tribunal
in Nigeria.
293. Except for the purposes of exercising any
jurisdiction conferred by this Constitution or by any other law,
every court established under this Constitution shall be deemed to
be duly constituted notwithstanding any vacancy in the membership
of the court.
294.
(1)
Every court established under this Constitution shall deliver its
decision in writing not later than ninety days after the
conclusion of evidence and final addresses and furnish all parties
to the cause or matter determined with duly authenticated copies
of the decision within seven days of the delivery thereof.
(2)
Each Justice of the
Supreme Court or of the Court of Appeal shall express and
deliver his opinion in writing, or may state in writing that he
adopts the opinion of any other Justice who delivers a written
opinion:
Provided that it shall not be necessary for
the Justices who heard a cause or matter to be present when
judgment is to be delivered and the opinion of a Justice may be
pronounced or read by any other Justice whether or not he was
present at the hearing.
(3)
A decision of a
court consisting of more than one Judge shall be determined by
the opinion of the majority of its members.
(4)
For the purpose of
delivering its decision under this section, the Supreme court,
or the court of Appeal shall be deemed to be duly constituted if
at least one member of that court sits for that purpose.
(5)
The decision of a
court shall not be set aside or treated as a nullity solely on
the ground of non-compliance with the provisions of subsection
(1) of this section unless the court exercising jurisdiction by
way of appeal or review of that decision is satisfied that the
party complaining has suffered a miscarriage of justice by
reason thereof.
(6)
As soon as possible
after hearing and deciding any case in which it has been
determined or observed that there was non-compliance with the
provisions of subsection (1) of this section, the person
presiding at the sitting of the court shall send a report on the
case to the Chairman of the National Judicial Council who shall
keep the Council informed of such action as the Council may deem
fit.
295.
(1)
Where any question as to the interpretation or application of this
Constitution arises in any proceedings in any court of law in any
part of Nigeria (other than in the Supreme Court, the Court of
Appeal, the Federal High Court or a High Court) and the court is
of the opinion that the question involves a substantial question
of law, the court may, and shall if any of the parties to the
proceedings so requests, refer the question to the Federal High
Court or a High Court having jurisdiction in that part of Nigeria
and the Federal High Court or the High Court shall
(a) if
it is of opinion that the question involves a
substantial question of law, refer the question to the Court of
Appeal;
o r
(b)
if it is of
opinion that the question does not involve a substantial
question of law, remit the question to the court that made
the reference to be disposed of in accordance with such
directions as the Federal High Court or the High Court may
think fit to give.
(2)
Where any question
as to the interpretation or application of this constitution
arises in any proceedings in the Federal High Court or a High
Court, and the court is of opinion that the question involves a
substantial question of law, the court may, and shall if any
party to the proceedings so requests, refer the question to the
Court of Appeal; and where any question is referred in pursuance
of this subsection, the court shall give its decision upon the
question and the court in which the question arose shall dispose
of the case in accordance with that decision.
(3)
Where any question
as to the interpretation or application of this constitution
arises in any proceedings in the Court of Appeal and the court
is of opinion that the question involves a substantial question
of law, the court may, and shall if any party to the proceedings
so requests, refer the question to the Supreme Court which shall
give its decision upon the question and give such directions to
the Court of Appeal as it deems appropriate.
296. In this Chapter, unless the context otherwise requires,
"office" when used with reference to the validity of an election
to an office includes the office of President of the Federation,
Vice-President of the Federation and Governor or Deputy Governor
of a State but does not include the office of President of the
Senate, Speaker of the House of Representatives, Speaker of a
House of Assembly or any office established by this Constitution.
