• Chapter 7. Part 1. Section 233. Appellate jurisdiction

    Chapter 7 Section 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.

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    Chapter 7. Part 1. Section 234. Constitution
    Chapter 7. Part 1. Section 232. Original jurisdiction

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