March 29, 2024

Explanatory Memorandum: Constitution of The Federal Repulic of Nigeria, 1999 [Alteration, No…] Bill, 2020

This Bill alters the provision of the Constitution of the Federal Republic of Nigeria, 1999 by providing for the regulation of the jurisdiction of the Supreme Court and the Appeal Court.
CONSTITUTION OF THE FEDERAL REPULIC OF NIGERIA, 1999
(ALTERATION, No….) BILL, 2020

A bill for an act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the regulation of the jurisdiction of the Supreme Court and Court of Appeal, creation of State Court of Appeal and for related matters, 2020.


[Commencement]
ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
Alteration of the 1999 Constitution
The 1999 Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as “the Principal Act”) is hereby altered as set out in this Bill.

Alteration of Section 6 (5)
Section 6 (5) of the Principal Act is altered by deleting the sub-section (b) and adding a new sub-section (b), adding a new sub-section (c) and renumbering the existing sub-section 5 as (a-l) to read as follows-
“This section relates to:-
the Supreme Court of Nigeria;
the Federal Court of Appeal;
the Court of Appeal of the Federal Capital Territory, Abuja;
a Court of Appeal of a State;
the Federal High Court;
the High Court of the Federal Capital Territory, Abuja;
The National Industrial Court
a High Court of a State
the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
a Sharia State Court of Appeal;
the Customary Court of Appeal of the Federal Capital Territory, Abuja;
a Customary Court of Appeal of a State;
such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and
such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws.

Alteration of Section 230 (2)
Section 230, subsection (2) of the Principal Act is altered by deleting the entire sub-section (2)(b) and replacing it with a new sub-section (2)(b) as follows-
“such number of Justices of the Supreme Court, not less than eighteen but not exceeding twenty-one, of which not less than two shall be Senior Advocates of Nigeria who shall be nominated by the Nigerian Bar Association and a Professor of Law with proficiency in Constitutional Law, and as may be prescribed by an Act of the National Assembly”

Alteration of Section 233
Section 233, subsection (1) of the Principal Act is altered by deleting sub-section (1) and replacing it with a new subsection (1) as follows:

“The Supreme Court shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal Court of Appeal”

Section 233 (2), subsection (2) (a)-(e) of the Principal Act is altered by deleting sub-sections (2) a) — (e) and replacing it with a new subsection (2) (a)-(d) as follows:

  1. An appeal shall lie from the decision of the Federal Court of Appeal to the Supreme Court in the following cases:
    Decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution.

decisions in any civil or criminal proceedings on questions exclusively 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.

decisions in any criminal proceedings in which any person has been sentenced to death by the Federal Court of Appeal or in which the Federal Court of Appeal has affirmed a sentence of death imposed by any other court.

decisions on any question —
whether any person has been validly elected to the office of President or Vice-President under this Constitution;
whether the term of office of the President or the Vice-President has ceased;
whether the office of the President or the Vice-President has become vacant.
Section 233, sub-section (3) of the Principal Act is altered by deleting the existing Section 233, sub-section (3) and inserting a new Section 233, sub-section (3) as follows:
233(3) “All appeals under sub-section (2) (a)-(d) shall lie from the decisions of the Federal Court of Appeal to the Supreme Court with the leave of the Supreme Court.”
Section 233, sub-sections (4), (5) and (6) of the Principal Act are altered by deleting the words “Court of Appeal” appearing in those sub-sections and replacing it with the words “Federal Court of Appeal” as follows:

233(4) “The Supreme Court may dispose of any application for leave to appeal from any decision of the Federal Court Appeal in respect of any civil or criminal proceedings after consideration of 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.”
233(5) “Any right of appeal to the supreme Court from the decisions of the Federal 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 Supreme Court at the instance of any person having an interest in the matter, and in the case of criminal proceedings at the instance of a Defendant, 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.”
233(6) Any right of appeal to the Supreme Court from the decisions of the Federal 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.
Alteration of Section 234
The Principal Act is altered by deleting section “234” and replacing it with a new Section “234” to read as follows;
234(1) “For the purpose of exercising any jurisdiction conferred upon it by this Constitution, the Supreme Court shall be duly constituted if it consists of not less than Nine Justices of the Supreme Court.
Provided that where the Supreme Court is sitting to consider an application for leave to appeal the decision of the Federal Court of Appeal in accordance with section 233 (3) of this Constitution, the Court shall be duly constituted if it consists of not less than Seven Justices of the Supreme Court”
234(2) An appeal to the Supreme Court in all criminal and civil appeals brought under section 233 (2) shall be heard and disposed of within 180 days from the date of transmission of the Record of Appeal to the Supreme Court.
234(3) Where an appeal has been heard expeditiously by the Supreme Court within the period stipulated in subsection (2) of this section the inability of the Supreme Court to deliver its decision on the appeal within the period stipulated in subsection (2) due to unforeseen circumstances shall not nullify or invalidate the appeal.
Alteration of Sections 237, 238 and 239
Sections 237, 238 and 239 of the Principal Act is altered by inserting the word “Federal” before “Court of Appeal” to read as follows;
“237. (1) There shall be a Federal Court of Appeal.
(2) The Federal Court of Appeal shall consist of –
(a) a President of the Federal Court of Appeal; and
(b) such number of Justices of the Federal Court of Appeal, not less than Ninety-nine, of which :
i) not less than six shall be learned in Islamic personal law, and not less than six shall be learned in Customary law, as may be prescribed by an Act of the National Assembly.
ii) Not less than Five shall be Senior Advocates of Nigeria who shall be nominated by the Nigerian Bar Association and not less than Five shall be Professors of Law with proficiency in either Constitutional Law, Commercial Law, Intellectual Property Law, Petroleum Law and the Law of Taxation

(1) The appointment of a person to the office of President of the Federal Court of Appeal 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 Federal 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 Federal Court of Appeal unless he is qualified to practice 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 Federal 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 Federal 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.

(1) Subject to the provisions of this Constitution, the Federal 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 validly 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 determination of an election petition under paragraph (a) of subsection (1) of this section, the Federal Court of Appeal shall be duly constituted if it consists of at least three Justices of the Federal Court Appeal.
Alteration of Section 240
The Principal Act is altered by deleting Section 240 and replacing it with a new Section 240 to read as follows;
“240. Subject to the provisions of this Constitution, the Federal Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal of the Federal Capital Territory, Abuja, the Court of Appeal of a State, the Federal High Court, the National Industrial Court and from decisions of a court martial or other tribunal as may be prescribed by an Act of the National Assembly”
Alteration of Section 241
The Principal Act is altered by deleting Section 241 and replacing it with a new Section 241 to read as follows;

(1) An appeal shall lie from decisions of the Court of Appeal of the Federal Capital Territory, Abuja, the Court of Appeal of a State, the Federal High Court or the National Industrial Court to the Federal Court of Appeal as of right in the following cases –
(a) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this constitution,
(b) 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;
(c) decisions in any criminal proceedings in which the Court of Appeal of the Federal Capital Territory, Abuja, or Court of Appeal of a State, or the Federal High Court or the National Industrial Court has imposed a sentence of death or decisions in which the Court of Appeal of the Federal Capital Territory, Abuja or Court of Appeal of a State has affirmed a sentence of death imposed by any other court;
(e) decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this Constitution;
(f) 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.
(e) such other cases as may be prescribed by an Act of the National Assembly.

(2) An appeal shall lie from decisions of a High Court of a State to the Federal Court of Appeal as of right in the following cases –
(a) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this constitution,
(b) 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;
(c) decisions in any pre-election matter
(d) such other cases as may be prescribed by an Act of the National Assembly.
Alteration of Section 242
The Principal Act is altered by deleting Section 242 (1) & (2) replacing it with a new Section 242 (1) & (2) and adding a new Section 242 (3) & (4) to read as follows;
242 (1). Subject to the provisions of Section 241 of this Constitution, an appeal shall lie from the decisions the Court of Appeal of the Federal Capital Territory, Abuja, Court of Appeal of a State, the Federal High Court or the National Industrial Court to the Federal Court of Appeal with the leave of the Federal Court of Appeal.
242 (2) The Federal Court of Appeal may dispose of any application for leave to appeal from any decision of the Court of Appeal of the Federal Capita Territory, Abuja, Court of Appeal of a State, the Federal High Court or the National Industrial Court in respect of any civil or criminal proceedings after consideration of the record of the proceedings if the Federal Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.
242 (3). The decisions of the Federal Court of Appeal in respect of appeals arising from Governorship election petitions and the National and State Houses of Assemblies election petitions shall be final.”
242 (4) Subject to the provisions of section 233(2)(a)-(c) this Constitution, the decision of the Federal Court of Appeal shall be final in the following instances:
all decisions in respect of appeals arising from any judgment or ruling of the Federal High Court or the High Court of the Federal Capital Territory, Abuja or the High Court of a State on all pre-election matters;
all decisions in respect of appeals arising from any judgment or ruling of the Court of Appeal of the Federal Capital Territory, Abuja, the Court of Appeal of a State, the Federal High Court or the National Industrial Court.

Alteration of Section 243
The Principal Act is altered by deleting Section 243 and replacing it with a new Section 243 to read as follows;
“243 (1). Any right of appeal to the Federal Court of Appeal from the decisions of the Court of Appeal of the Federal Capital Territory, Abuja, Court of Appeal of a State, the Federal High Court or the National Industrial Court 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 Federal Court of Appeal at the instance of any person having an interest in the matter, and in the case of criminal proceedings at the instance of a Defendant, 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.
243 (2) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Federal Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal
243 (3) An appeal to the Federal Court of Appeal in all criminal and civil appeals other than election and pre-election matters shall be heard and disposed of within 180 days from the day of transmission of the Record of Appeal to the Federal Court of Appeal.
243(4) Where an appeal has been heard expeditiously by the Court of Appeal the within the period stipulated in subsection (3) of this section, the inability of the Court of Appeal to deliver its decision within the period stipulated in subsection (3) of this section due to unforeseen circumstances shall not nullify or invalidate the appeal 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.
Alteration of Section 244
The Principal Act is altered by deleting Section 244 and replacing it with a new Section 244 to read as follows;
“244. Subject to the provisions of any Act of the National Assembly, the President of the Federal Court of Appeal may make rules for regulating the practice and procedure of the Federal Court of Appeal.
Alteration of Section 245
The Principal Act is altered by deleting Section 245 and replacing it with a new Section 245 to read as follows;

“245. (1) There shall be a Court of Appeal for the Federal Capital Territory, Abuja.
(2) The Court of Appeal of the Federal Capital Territory, Abuja shall consist of –
(a) The Head of the Court of Appeal of the Federal Capital Territory, Abuja
(b) Such number of Justices of the Court of Appeal of the Federal Capital Territory, Abuja not less than six but not more than Nine as may be prescribed by an Act of the National Assembly.
(3) The appointment of a person to the office of the Head of the Court of Appeal of the Federal Capital Territory, Abuja shall be made by President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the senate.
(4) A person shall not be qualified to hold the office of a Justice of the of the Court of Appeal of the Federal 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 twelve years.
(5) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal of the Federal Capital Territory, Abuja shall be duly constituted if it consists of not less than three Justices of the Court of Appeal of the Federal Capital Territory, Abuja and in the case of appeals from –
(a) a sharia Court of Appeal, at least one of the three Justices of the Court of Appeal of the Federal Capital Territory, Abuja must be learned in Islamic personal law; and
(b) a Customary Court of Appeal, at least one of the three Justices of the Court of Appeal of the Federal Capital Territory, Abuja must be learned in Customary law.
Alteration of Section 246
The Principal Act is altered by deleting Section 246 and replacing it with a new Section 246 to read as follows;

(1) Subject to the provisions of this Constitution, the Court of Appeal of the Federal Capital Territory, Abuja shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja and as may be prescribed by an Act of the National Assembly.
(2) An appeal shall lie from decisions of the High Court of the Federal Capital Territory, Abuja to the Court of Appeal of the Federal Capital Territory, Abuja as of right in the following cases –
(a) final decisions in any civil or criminal proceedings before the 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 High Court has imposed a sentence of death;
(f) decisions made or given by the 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 decree nisi in a matrimonial cause, and
(iv) in such other cases as may be prescribed by any law in force in Nigeria.
(3) Nothing in this section shall confer any right of appeal as of right or with leave
(a) from a decision of the 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 Court of Appeal of the Federal Capital Territory, Abuja from a decision of the High Court made with the consent of the parties or as to costs only
(4) Subject to the provisions of section 246 (2) & (3) of this Constitution, an appeal shall lie from decisions of the High Court of the Federal Capital Territory, Abuja to the Court of Appeal of the Federal Capital Territory, Abuja with the leave of the Court Appeal of the Federal Capital Territory. Abuja
(5) The Court of Appeal of the Federal Capital Territory, Abuja may dispose of any application for leave to appeal from any decision of the High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal of the Federal Capital Territory, Abuja is of the opinion that the interests of justice do not require an oral hearing of the application.

Any right of appeal to the Court of Appeal of the Federal Capital Territory, Abuja from the decisions of the 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 Court of Appeal of the Federal Capital Territory, Abuja at the instance of any other person having an interest in the matter, and in the case of criminal proceedings at the instance of a Defendant or, subject to the provisions of this Constitution and any powers conferred upon the Attorney-General of the Federation 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 of the Federal Capital Territory, Abuja.
Alteration of Section 247
The Principal Act is altered by deleting Section 247 and replacing it with a new Section 247 to read as follows;

(1) An appeal shall lie from decisions of the Customary Court of Appeal of the Federal Capital Territory, Abuja and the Sharia Court of Appeal of the Federal Capital Territory, Abuja to the Court of Appeal of the Federal Capital Territory, Abuja as of right in any civil proceedings before the Customary Court of Appeal or the Sharia Court of Appeal with respect to any question which that Court is competent to decide.
(2) Any right of appeal to the Court of Appeal of the Federal Capital Territory, Abuja from the decisions of a Customary Court of Appeal of the Federal Capital Territory, Abuja or the Sharia Court of Appeal of the Federal Capital Territory, Abuja conferred by this section shall be –
(a) exercisable at the instance of a party thereto or, with the leave of the Court of Appeal of the Federal Capital Territory, Abuja 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 of the Federal Capital Territory, Abuja.
Alteration of Section 248
The Principal Act is altered by deleting Section 248 and replacing it with a new Section 248 to read as follows;
248 (1). Subject to the provisions of any Act of the National Assembly, the Head of the Court of Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Court of Appeal of the Federal Capital Territory, Abuja.
248 (2). An appeal to the Court of Appeal of the Federal Capital Territory, Abuja in all criminal and civil appeals shall be heard and disposed of within 180 days from the transmission of the Record of Appeal to the Court of Appeal of the Federal Capital Territory, Abuja.
248 (3). Where an appeal has been heard expeditiously by the Court of Appeal of the Federal Capital Territory, Abuja within the period stipulated in subsection (2) of this section, the inability of the Court of Appeal of the Federal Capital Territory, Abuja to deliver its decision within the period stipulated in subsection (2) of this section due to unforeseen circumstances shall not nullify or invalidate the appeal 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.
Alteration of Section 249
The Principal Act is altered by deleting Section 249 and replacing it with a new Section 249 to read as follows;

“249. (1) There shall be a Court of Appeal for each State of the Federation.
(2) The Court of Appeal of a State shall consist of –
(a) The Head of the Court of Appeal of the State; and
(b) Such number of Justices of the Court of Appeal of the State not less than six but not more than twelve of which at least one shall be learned in Customary law in any State that has a Customary Court of Appeal and at least one shall be learned in Islamic personal law in any State that has a Sharia Court of Appeal, as may be prescribed by a Law of the House of Assembly of the State.
(3) The appointment of a person to the office of the Head of the Court of Appeal 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.
(4) A person shall not be qualified to hold the office of a Justice of the of the Court of Appeal 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 twelve years.
(5) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal of a State shall be duly constituted if it consists of not less than three Justices of the Court of Appeal of the State and in the case of appeals from –
(a) a Customary Court of Appeal, at least one of the three Justices of the Court of Appeal of the State must be learned in customary law; and
(b) a Sharia Court of Appeal, at least one of the three Justices of the Court of Appeal of the State must be learned in Islamic personal law.
Alteration of Section 250
The Principal Act is altered by deleting Section 250 and replacing it with a new Section 250 to read as follows;
250 (1) Subject to the provisions of this Constitution, the Court of Appeal of a State shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the High Court of a State, the Customary Court of Appeal of a State, the Sharia Court of Appeal of a State and as may be prescribed by a Law of the House of Assembly of the State.
(2) An appeal shall lie from decisions of the High Court of a State to the Court of Appeal of a State as of right in the following cases –
(a) final decisions in any civil or criminal proceedings before the 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 High Court has imposed a sentence of death;
(f) decisions made or given by the 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 decree nisi in a matrimonial cause, and
(iv) in such other cases as may be prescribed by any law in force in Nigeria.
(3) Nothing in this section shall confer any right of appeal as of right or with leave
(a) from a decision of the 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 Court of Appeal of a State from a decision of the High Court made with the consent of the parties or as to costs only
(4) Subject to the provisions of section 250 (2) & (3) of this Constitution, an appeal shall lie from decisions of the High Court of a State to the Court of Appeal of a State with the leave of the High Court of a State or the Court Appeal of a State.
(5) The Court of Appeal of a State may dispose of any application for leave to appeal from any decision of the High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal of a State is of the opinion that the interests of justice do not require an oral hearing of the application.

Any right of appeal to the Court of Appeal of a State from the decisions of the 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 Court of Appeal of a State at the instance of any other person having an interest in the matter, and in the case of criminal proceedings at the instance of the Defendant or, subject to the provisions of this Constitution and any powers conferred upon the Attorney-General of the 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 Law of the House of Assembly of the State and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal of the State.
Alteration of Section 251
The Principal Act is altered by deleting Section 251 and replacing it with a new Section 251 to read as follows;
251(1) An appeal shall lie from decisions of the Customary Court of Appeal of a State and the Sharia Court of Appeal of a State to the Court of Appeal of a State as of right in any civil proceedings before the Customary Court of Appeal or the Sharia Court of Appeal with respect to any question which that Court is competent to decide.
(2) Any right of appeal to the Court of Appeal of a State from the decisions of a Customary Court of Appeal or 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 Court of Appeal of a State at the instance of any other person having an interest in the matter; and
(b) exercised in accordance with a Law of the House of Assembly of a State and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal of the State.
Alteration of Section 252
The Principal Act is altered by deleting Section 252 and replacing it with a new Section 252 to read as follows;
252(1). Subject to the provisions of any Law of the House of Assembly of a State, the Head of the Court of Appeal of a State may make rules for regulating the practice and procedure of the Court of Appeal of the State.
252 (2). An appeal to the Court of Appeal of a State in all criminal and civil appeals shall be heard and disposed of within 180 days from the transmission of the Record of Appeal to the Court of Appeal of a State.
Where an appeal has been heard expeditiously by the Court of Appeal of a State within the period stipulated in subsection (2) of this section, the inability of the Court of Appeal of a State to deliver its decision within the period stipulated in subsection (2) of this section due to unforeseen circumstances shall not nullify or invalidate the appeal 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.
Alteration of Section 286
The Principal Act is altered by the insertion of a new section 286 and renumbering the existing section 286 as section 287
286(1) An action instituted in the Federal High Court or the National Industrial Court or the High Court of the Federal Capital Territory, Abuja or the High Court of a State shall not be struck out on the ground that the subject matter of the suit is not within the jurisdiction of the Court. Where a Judge is of the opinion that any cause or matter before the court falls within the jurisdiction vested in another court by this Constitution or any Act of the National Assembly or a Law made by the House of Assembly of a State, the Judge shall make an order for transfer of the cause or matter to the appropriate court in accordance with the rules of practice and procedure of the court.
(2) An order of transfer made pursuant to subsection (1) of this section shall not be subject to appeal.
(3) Where the court to which any cause or matter is transferred is of the opinion that the court from which the cause or matter was transferred is vested with jurisdiction to entertain the cause or matter the Judge shall , after hearing the parties, state a case on the issue of jurisdiction for the opinion of the Federal Court of Appeal.
(4) Where a case is stated for the opinion of the Federal Court of Appeal on the issue of jurisdiction the Federal Court of Appeal shall give its opinion on the case stated within sixty days from the date the case stated is received in the Federal Court of Appeal.
(5) The cause or matter shall be heard by the Court stated in the opinion of the Federal Court of Appeal and proceedings in the suit shall not be stayed by any court where there is an appeal against the decision of the Federal Court of Appeal on the issue of jurisdiction.

EXPLANATORY NOTES
This Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 Cap. 23, Laws of the Federation of Nigeria, 2004 to review the jurisdiction of the Supreme Court and the Court of Appeal to address the seeming institutional inadequacies and legal regime that is limiting the operations of the Supreme Court and the Court of Appeal.

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