Supreme Court
The Supreme Court is established by section 230(1) CFRN.

Composition is CJN plus 21 Justices (not more than that). Section 230(2) CFRN.

Constitution - At least 5 Justices, however on the following, it must be 7 justices. Section 234, exercising original jurisdiction, interpretation or application of the constitution, contravention of chapter IV - fundamental rights.

Appointment - CJN is appointed by the President on recommendation of NJC subject to confirmation of Senate - section 231(1). Same for other justices - section 231(2) CFRN.

Removal - sections 292(1) (a) provides that the CJN to be removed by the President acting on address supported by 2/3 majority of the Senate. The question then is, does the National Judicial Council not have any role to play based on the express provision of section 292 CFRN.

The Supreme Court in EleluHabeeb v. Attorney-General of Kwarastate, stated that other statutes and provision of the constitution should be read along section 292 of CFRN.

As it is by reading these other statutes that the function of the NJC which actually recommend removal to the president would be found. In effect the proper interpretation of section 292 cannot be done in isolation.
Jurisdiction
The Supreme Court has both original and appellate jurisdiction in civil litigation.

  • In disputes between the federal and state government. Section 232(1).
  • In dispute between states.

In accordance, section 232(2) which empower the National Assembly to confer additional original jurisdiction in respect of civil matters on the Supreme Court, the National Assembly enacted the Supreme Court (Additional Original Jurisdiction) Act 2002. These additional original jurisdiction are section 1(1) (a)-(c)

  • In dispute between the National Assembly and the President.
  • In dispute between the National Assembly and state government/state of the federation.
  • In dispute between the National Assembly and State House of Assembly.

Hence the Supreme Court now has original jurisdiction in five aspects. The schedule to section 2 of the Act states that both the National Assembly (consisting of Senate and House of Representative) must have passed a resolution supported by a simple majority; and the State House of Assembly must have passed a resolution supported by a simple majority.

The nominal parties as found in section 3 is National Assembly, State House of Assembly is speaker of the State House of Assembly.

Generally, nominal parties for the federation and the states are Attorney-General of the federation and Attorney-General of the state. Section 20 Supreme Court Act.

  • Appellate jurisdiction of the Supreme Court as found in section 233 lies from the court of Appeal as of right or with leave of the Court of Appeal or Supreme Court

CONSTITUTION
Pursuant to section 234 1999 CFRN, the SC shall be duly constituted if it consists of not less than five justices. Provided that when it assumes its original jurisdiction, and it sits to hear appeals of application and interpretation of the constitution; and questions on the provisions of chapter IV , it shall be constituted by seven justices..