Section 237(1) CFRN creates the Court of Appeal

Composition - President of the CA plus not less than 49 is outdated provision, as at the last time there is a bill before the National Assembly proposing at least 89 justices - President plus 89 justices with at least 3 learned in Islamic law and 3 in Customary law.

Constitution: At least 3 in exercising an original jurisdiction and in appeal from Sharia Court of Appeal or Customary Court of Appeal, 3 justices learned in Islamic personal law or customary law as the case may be. Section 247(1)(a)&(b) CFRN.

Qualification: At least 12 years at the bar.
Jurisdiction: The Court of Appeal has both original and appellate jurisdiction. Original jurisdiction - section 239(1)

  • Valid election to the office of the president/vice president.
  • The term of office of president/vice president has ceased
  • The office of the president/vice president has become vacant.

Appellate jurisdiction - section 240 of CFRN

  • State High Court
  • Federal High Court
  • High Court of FCT
  • Customary Court of Appeal of a state
  • Court martial
  • Sharia Court of Appeal of FCT and a State
  • National Industrial Court
  • National and State House of Assembly Election Tribunals
  • Governorship Election Tribunal
  • Code of Conduct Buruea Tribunal.

By virtue of the second alteration to the 1999 constitution, in section 246(3) the decision of the Court of Appeal in respect of appeals arising from the National and State Houses of Assembly Election petition Tribunal shall be final. Also, the decisions in respect of civil appeals from the NIC is final. Section 243(4)