The Court of Appeal: Jurisdiction, Rights of Appeal and Procedure

Description

ABSTRACT

The Court of Appeal: Jurisdiction, Rights of Appeal and Procedure

Uche Val Obi, SAN* and Theophilus Ochonogor**

This paper discusses the establishment of the Court of Appeal, its jurisdiction, the rights of appeal and the procedure for exercising the rights of appeal. The paper considers the proper forum for applications for leave to appeal and the consequences of noncompliance. Distinguishing between the rights of parties to appeal from that of interested persons, the article examines the need for interested persons to apply for the ‘Trinity Prayer’, and when it becomes imperative. It concludes that special concession should be granted interested persons so that their time to seek leave to appeal will be unlimited, while their time to appeal will commence from when leave is granted them to appeal.

Keywords: Court of Appeal, Jurisdiction, Right of Appeal, Interested Persons, Trinity Prayer.

INTRODUCTION
The judicial powers of the Federal Republic of Nigeria and the States thereof are vested in the courts under the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (The Constitution).₁ The courts established by the Constitution are listed thereunder,₂ and includes the following: The Supreme Court of Nigeria; the Court of Appeal; the Federal High Court; the High Court of the Federal Capital Territory, Abuja; and a High Court of a State. This paper shall discuss the Court of Appeal, its jurisdiction, the rights of appeal and the procedure for exercising the right of appeal thereto.

THE ESTABLISHMENT AND JURISDICTION OF THE COURT OF APPEAL
The Court of Appeal, like all other courts of records in Nigeria is a creature of the Constitution₃ from which it also derives its jurisdiction. It is an appellate court having very limited original jurisdiction-exclusive power to hear and determine any question relating to the election, terms of office or vacancy of the office of the president and vice-president.₄ In Egbe v Adefarasin,₅ Oputa, JSC stated ‘…this court as well as the Court of Appeal are appellate courts. They do not try issues. Rather they examine the way issues had been tried by trial courts in order to ensure that the case was properly tried’.

The appellate jurisdiction of the Court of Appeal is conferred on it by the Constitution and various Acts of the National Assembly.

* Managing Partner, Alliance Law Firm.
** Associate Partner, Alliance Law Firm.

1. Constitution of the Federal Republic of Nigeria, 1999 (as amended) CFRN, s 6(1) & (2).
2. CFRN, s 6(5).
3. CFRN, s 237.
4. CFRN s 239(1).
5. [1987] LPELR-1032 (SC), 25E – F.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.11 NO.1