APPELLATE COURTS IN NIGERIA

 INTRODUCTION

The superior courts of record in Nigeria could be classified into Federal and State courts. The Federal courts consist of the following:

1. The Supreme Court of Nigeria 
2. The Court of Appeal 
3. The Federal High Court 
4. The High Court of Federal Capital Territory 
5. The Sharia Court of Appeal of Federal Capital Territory Abuja. 

The state courts consist of the following:

1. The High Court of a State 
2. Customary Court of Appeal of a State. 

In this unit we shall examine the courts in the hierarchy of courts in Nigeria starting from the highest.

SUPREME COURT OF NIGERIA

The law governing the Supreme Court derives from the following sources: The Constitution of the Federal Republic of Nigeria 1999. Which establishes the court, and prescribes the bulk of its jurisdiction and the method for the appointment and dismissal of judges?

1. The Supreme Court Act. 
2. The Supreme Court rules made by the court. 

COMPOSITION AND ORGANIZATION OF THE COURT

The constitution of the Federal Republic of Nigeria provided for a Court consisting of the Chief Justices of Nigeria, and such number of justices of the Supreme Court not exceeding twenty-one as may be prescribed by an Act of the National Assembly.

The number of Justices of the Supreme Court had been increased from the former limit of 10 to 19 the Chief Justice of Nigeria shall be appointed by the President on the recommendation of the national Judicial Service Commission subject to confirmation by the Senate. The appointment to the office of Chief Justice of Nigeria is therefore not at the discretion of the President, but is based on the recommendation of the National Judicial Service Commission subject to the confirmatory power of the Senate. The minimum qualification of the Justice of the Supreme Court is fifteen-year post call as a legal practitioner. The Supreme Court for the purpose of exercising jurisdiction over any matter shall be duly constituted if it consists of not less than five Justices of the Court, while for the purpose of exercising jurisdiction over appeals under the Fundamental Human Rights Provisions or in the exercise of its original jurisdiction the court shall be properly constituted when Seven Justices sit.

The Supreme Court now sits at Abuja the Nations Federal Capital. The court is served by Registrars and other administrative personnel; the head of the administrative section is the Registrar of the Supreme Court.

JURISDICTION

The Supreme Court is the final court of Appeal in Nigeria and the decision of the court is final and is binding on all parties. In effect, there is no appeal from the decision of the court. The court has both original and appellate jurisdiction. As we have discussed above, the Supreme Court has original jurisdiction over any dispute between the Federation and a state, or between the federation and a state, or between states if and in so far as that dispute involves any question (whether law or fact) on which the existence or extent of a legal right depends. In addition, the National Assembly may add, not detract from the original jurisdiction of the court, where the dispute is between the Chief executive of a government and another, or between the Arm of Federal Government and a State. Adefarasin J, in the case of Governor of Kaduna State v the President of Nigeria. In trying to answer the above stated as follows:



“It seems to me that S 212 is designed as well to cover only dispute between one government and government. I consider also that any dispute raises question of law or fact touching upon a legal right”. The Supreme Court can not exercise original jurisdiction over criminal matters. 

APPELLATE JURISDICTION

The Supreme Court, to the exclusive of any other court in Nigeria has jurisdiction to hear and determine appeals from the Court of Appeal. Appeals lie as of right from the decisions of the Court of Appeal to the Supreme Court in the following cases: -

1. Where the ground of appeal involves questions of law alone, decision in any civil or criminal proceedings 
2. Decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution; 
3. Decisions in any civil or criminal proceedings on questions as to whether any of the provisions of chapter iv of the Constitution has been is being or is likely to be, contravened in relation to any person;
4.  Decisions in any criminal proceedings in which any person the Court of Appeal have confirmed a sentence of death imposed by any other court. 
5. Decisions on any question: - i. Whether any person has been validly elected to the office of President or Vice-President under the Constitution. ii. Whether the term of office of President or Vice-President has ceased. Whether the office of President or Vice-President has become vacant and 
6. Such other cases as may be presented by an Act of the National Assembly. 

In all other cases, appeal from the decision of the Court of Appeal to the Supreme Court shall be with the leave of the Court of Appeal or the Supreme Court.
Appeals can only lie from decisions of the Court of Appeal to the Supreme Court. And from no other Court in Nigeria. The law after specifying the cases where appeals may lie to the court as of right in S 233 (2) went on to state that all other cases must obtain leave of Court, before appeal may be entertained, the leave must first be sought from the Court of Appeal before the party may apply to the Supreme Court. All interlocutory appeals fall within this category. Appeals must also be by the parties to the appeal or at the instance of any other person interested in the matter.

And in the case of criminal proceedings at the instance of an accused person or the Attorney-General of the Federal or state.

It is noteworthy, that only the National Assembly may extend the cases where appeals may lie as of right to the Supreme Court.
No State may extend the appellate jurisdiction of the Supreme Court, and there is nothing in S 233 (2) (f) that suggests such.

PRACTICE AND PROCEDURE

S236 empowers the Chief Justice of Nigeria to make rules for regulating the practice and procedure of the Supreme Court. Pursuant to this, the Supreme Court rules had been made to aid the internal organization of the machinery of justice at the Supreme Court.

The Court of Appeal

The court of Appeal is established under S237 of the 1999 Constitution and is the next Court in the hierarchy of Courts in Nigeria. Other laws are the Court of Appeal Act and Court of Appeal Rules.

COMPOSITION AND ORGANIZATION OF THE COURT

The Court of Appeal consists of the:

President of the Court of Appeal

Such number of Justices of Court of Appeal not less than forty: - nine of which not less than three shall be learned in 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.

At the level of the Court of Appeal, the Justices of the Court of Appeal must include at least three Justices learned in Islamic law and three in Customary


Law. This will take care of appeals coming from Customary Court of Appeal of State or Sharia Court of Appeal as the case may be.

The President of the Court of Appeal is appointed by the President of Nigeria on the recommendation of the National Judicial Council subject to the confirmation of such appointment by the Senate while appointment of the Justice of the Court of Appeal is made by the President on the recommendation of the National Judicial Council. The constitutionally recognized qualification for a Justice of the Court of Appeal is twelve-year post qualification as a legal practitioner. The qualification of the President of the Court is not started in the Constitution though it may be argued that the same qualification as applies to the Justice of the Supreme Court should apply to the President of the Court of Appeal, as they are rated in most cases equal. For ease of administration, the Court of Appeal is divided into divisions, spread throughout Nigeria. Today there are 10 divisions of the court each division serving one or more state as follows: -

JUDICIAL DIVISIONS STATES

1.  Abuja - Abuja, Kogi, Niger 
2. Lagos - Lagos 
3. Kaduna - Jigawa, Kaduna, Sokoto, Kano, Katsina, Yola, Kebbi, Sokoto, Zamfara. 
4.  Enugu - Anambra, Ebonyi, Enugu 
5. Ibadan - Ogun, Osun, Oyo 
6.  Benin - Delta, Edo, Ondo 
7.  Jos - Adamawa, Bauchi, Benue, Borno, Gombe, Nasarawa, Plateau, Taraba, Yobe. 
8.  Port Harcourt - Abia, Bayelsa, Imo, Rivers 
9. Ilorin - Kwara, Ekiti. 
10.  Calabar - Cross-River, Akwa Ibom. 

The court will be duly constituted to hear and determine appeal if it consists of not less than three Justices of the court. Where the appeals originate from a Sharia Court of appeal, the Justices must be learned in Islamic Law.

JURISDICTION

The Court of Appeal is principally an Appellate Court and exercise Jurisdiction over appeals from the Sharia Court of Appeal, Federal High Court and High Court of a State. However, S 239 now confers on the court original jurisdiction in respect of Election petitions arising from election to the office of President or Vice-President, their term of office and vacancy of the office. The court was established under Constitution (Amendment) No. 2 Decree 1976 exclusively as an appellate court, but the position has been thus altered.

APPEALS

Appeals to the Court of Appeal may be classified into two, Appeals as of right and Appeals by leave of the court or the lower court.

APPEALS AS OF RIGHT

S 241 of the Constitution of Nigeria 1999 specifies circumstances when appeals shall lie as of right from the decision of the High Court and the Federal High Court, High Court of Federal Capital Territory, Abuja, as follows:

1. Final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at first instance. 
2. Where the ground of appeal involves questions of law alone, decision in any civil or criminal proceedings. 
3. Decisions in any civil a criminal proceedings on questions as to the interpretation or application of this Constitution. 
4. 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. 
5.  Decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death. 
6.  Decisions made or given by the Federal High Court or High Court. a. Where the liberty of a person or the custody of an infant is concerned. b. Where an injunction or the appointment of a receiver is granted or refused. c. 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. d. In the case of a decree nisi in respect of misfeasance or otherwise. e. In such other cases as may be prescribed by any law in force in Nigeria. 
7. There is absolutely no right of appeal where (a) the High Court has granted an unconditional leave to defend an action.  Where a Decree absolute of a divorce or nullity has been granted in favour of a party and the other party did not appeal while the order was still a decree nisi 
8.  Decisions based on the consent of the parties cannot be challenged on appeal except with the leave of either the High Court or Court of Appeal, or appeals as to costs only. 

Appeals with leave: - like the Supreme Court, appeals lie to the Court of Appeal from the High Courts, with the leave of either the High Court or the Court of Appeal, in all other cases. The practice is to first seek the leave of

the High Court, to appeal, and when such is refused, the appellate may then apply to the Court of Appeal for leave to Appeal.

It is important to state that only parties to suit may appeal or in cases where there are interested parties, then they must first apply for leave to appeal to the High Court or the Court of Appeal.

APPEALS FROM SHARIA COURT OF APPEAL AND CUSTOMARY COURT OF APPEAL

Appeal lie from the Sharia Court of Appeal of a State to the Court of Appeal in any civil proceedings before the Sharia Court of Appeal the respect to any question on Islamic personal law, which the Sharia Court of Appeal is competent to decide. The Sharia law is essentially Islamic Civil Law, the Court of Appeal will therefore not be competent to entertain any appeal on Islamic Criminal Law like the one now introduced.

APPEALS FROM CODE OF CONDUCT TRIBUNAL AND OTHER COURTS OR TRIBUNALS

Appeals shall lie as of right from the decisions of the Code of Conduct Tribunal to the Court of Appeal, appeals shall also lie to the Court of Appeal from the decisions of National Assembly Election Tribunals, Governorship and legislative Election Tribunals.

The National Assembly is also conferred with powers to extend the jurisdiction of the court of appeal to determine appeals from decisions of any other Court of law or Tribunal established by the National Assembly.

IMPORTANCE OF THE COURT OF APPEAL

The Court of Appeal is a very important Court in the machinery of justice in Nigeria, unlike the Supreme Court that sits only in Abuja, the Court of Appeal has its divisions closer to the states and thus affords more citizens the opportunity to appeal when aggrieved against any decision of the High Courts. Being a Federal Court, and or an appellate one at that, the allegations of corruption is non-existent there, and many litigants are satisfied with the decisions. It also helps to limit the number of cases going to the Supreme Court, as majority of the cases terminate at the Court of Appeal.

That unlike the Supreme Court, the Court of Appeal has experts in both Sharia and Customary law for proper adjudication on matter arising from the Sharia Court of Appeal of state and Customary Court of Appeal of the states.

 CONCLUSION

The constitution not only established the superior courts of record but also made extensive provisions on the jurisdiction and specific provisions on the personnel and structures of the courts, we will discover that though the courts operate independently of each other, yet they are hierarchy and interrelated, and the extensive provisions only help to guarantee the proper dispensation of justice.

SUMMARY

All the courts in Nigeria belong to only one hierarchy of courts, whether referred to as state or Federal is of little consequence. Appeals lie from High Courts to the court of Appeal to the Supreme Court. The court of Appeal is strictly an appeal court, while the High Court is not only a court of first instance but also sits on appeal on judgments from the magistrate courts and Area courts.


The High Courts also have unlimited jurisdiction in their civil and criminal jurisdiction. The Supreme Court also in limited circumstance also entertain matters at first instance, these are instances of disputes between states, and between Federal Government.