Nigerian Courts of Appeal

Last updated

The Federal Court of Appeal of Nigeria is the intermediate Appellate Court of the Nigerian federal court system. [1] The Court of Appeal of Nigeria decides appeals from the district courts within the federal judicial system, and in some instances from other designated federal courts and administrative agencies. [2] As at 2010, there are 66 judges of the Nigerian courts of appeals authorized by the Senate. These judges are recommended by the National Judicial Council (NJC), nominated by the President of Nigeria and confirmed by the Senate. [3] There are currently seventy-two Nigerian courts of appeals across the six geopolitical zones of Nigeria. There are 12 in the North-Central, 10 in North-East, 10 in North-West, 10 in South-South, 9 in South-East and 11 in South Western Nigeria. [4] The headquarter is located at Three Arms Zone, Abuja. [5]

Contents

Structure and Organization

The Court is composed of a President and such number of Justices of not more than The Justices of the Court of Appeal, are appointed by the President of the country on the recommendation of the National Judicial Council, (NJC). [6] For the office of the President of the Court of appeal, the recommendation and appointment is subject to the confirmation by the Senate.

Justices of the Court of Appeal must be qualified to practice law in Nigeria, and must have been so qualified for a period not less than twelve years in practice. [7] In line with the provision of the Constitution, Justices of the Court of appeal have a mandatory retirement age of 70years

Judicial councils

Judicial councils such as the National Judicial Council (Nigeria) are bodies that are concerned with making "necessary and appropriate orders for the effective and expeditious administration of justice" within the court. [8] Among their responsibilities are judicial discipline, the formulation of policies and implementation of such policies. [9]

Jurisdiction

The Court of Appeal like other superior court of records in Nigeria, derives its original and appellate jurisdiction from the Constitution as well as various Acts of the National Assembly. The Original jurisdiction of the Court of appeal is spelt out in section 239 of the Constitution. This section empowers the court to hear and determine matters on election petitions involving the election into the office of the President or vice president. [10] However, pursuant to section 240 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the court of appeal is conferred with the exclusive appellate jurisdiction to hear and determine appeals from the following courts;

See also

Related Research Articles

<span class="mw-page-title-main">Supreme Court of Maryland</span> Highest court in the U.S. state of Maryland

The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. The court, which is composed of one chief justice and six associate justices, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the justices wear red robes.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

<span class="mw-page-title-main">Supreme Court of Nigeria</span> Highest court of Nigeria

The Supreme Court of Nigeria (SCN) is the highest court in Nigeria, and is located in the Central District, Abuja, in what is known as the Three Arms Zone, so called due to the proximity of the offices of the Presidential Complex, the National Assembly, and the Supreme Court.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National system of judiciary

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the British Raj, with influence of medieval-era local judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Judiciary of Jamaica</span>

The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.

<span class="mw-page-title-main">Judiciary of Brazil</span> Public entities designated by the Brazilian constitution

The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.

<span class="mw-page-title-main">Law of Nigeria</span> Types of law

The Law of Nigeria consists of courts, offences, and various types of laws. Nigeria has its own constitution which was established on 29 May 1999. The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post-colonial independence.

Chief Abibatu Mogaji was a Nigerian business magnate and the Ìyál'ọ́jà of Lagos. She was the mother of the president of Nigeria Chief Bola Tinubu.

The Attorney General of Lagos State also known as Lagos State Commissioner for Justice is the head of the Lagos State Ministry of Justice. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced". The Attorney General carries out the responsibilities of the office through the Ministry of Justice. The Attorney General is appointed to a four-years term, with a maximum of two terms, by the Governor subject to the approval of the State House of Assembly. The incumbent Attorney General is Moyosore Onigbanjo appointed on 22 August 2019.

The Lagos State Judiciary is one of the three co-equal branches of the Lagos State Government organized under the Constitution of Nigeria and laws of Lagos State. The Chief Judges are appointed by the State Governor with the consent of the House of Assembly.

The Chief Judge of Lagos State is the head of the Lagos State Judiciary, the judicial branch of the Lagos State Government and the chief judge of the High Court of Lagos State. From 1967 to 1973, the title was called Chief Justice of the Supreme Court. The appointment is often made by the Governor. "Section 271(1) of the Constitution provides that ‘The appointment of a person to the office of the Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to the confirmation of the appointment by the House of Assembly of the State,’".

The National Judicial Council (NJC), is an executive body established by the Federal Government of Nigeria in accordance with the provisions of Section 153 of the 1999 Constitution as amended to protect the Judiciary of Nigeria from the whims and caprices of the Executive.

Zainab Adamu Bulkachuwa, OFR is a Nigerian judge and former President of the Nigerian courts of appeal.

The President of the Nigerian courts of appeal is the head of the Nigerian courts of appeal. The incumbent president is Justice Monica Dongban-Mensem, she was confirmed by the Senate on 11 June 2020 after a report from the Judiciary, Human Right and Legal Matters Committee at the Senate.

Ayo Salami, is a Nigerian jurist and former President of the Nigerian courts of appeal.

Lagos State Government is the government of Lagos State, concerned with the administration of the state ministries. The government consists of the executive, legislative and Judiciary. The government is headed by the Governor who is the policy-maker and often assisted by the commissioners and other civil servants of the state.

Ekpo Una Owo Nta is a Nigerian lawyer and Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

<span class="mw-page-title-main">Federal High Court of Nigeria</span>

The Federal High Court of Nigeria (FHC) is one the Federal superior Courts of record in Nigeria. It has coordinate jurisdiction with the High Courts of the States of the Federation, including FCT and is located in Shehu Shagari Way, Central District Abuja.

The Federal Judicial Service Commission (FJSC) is an entity established by Section 153 (1) of the Constitution of Nigeria of 1999, as amended. Its primary responsibility is to advise the National Judicial Council (NJC) on nominations for key judicial appointments. These include positions like the Chief Justice of Nigeria, Justices of the Supreme Court, President of the Court of Appeal, among others. The FJSC is empowered to recommend the removal of judicial officers and exercises control over certain court personnel.

References

  1. Powered by DMflex WebGen --- www.dmflex.com. "Appeal Court Halts NNPC's Attempt to Stop Arbitration, Articles | THISDAY LIVE". thisdaylive.com. Archived from the original on 2013-08-07. Retrieved 2015-04-28.
  2. Powered by DMflex WebGen --- www.dmflex.com. "Appeal Court Upholds Fayose's Election, Articles | THISDAY LIVE". thisdaylive.com. Archived from the original on 2015-07-02. Retrieved 2015-04-28.
  3. Powered by DMflex WebGen --- www.dmflex.com. "12 New Appeal Court Justices Appointed, Articles | THISDAY LIVE". thisdaylive.com. Archived from the original on 2012-11-03. Retrieved 2015-04-28.
  4. "OpenTrial - Nigerian Federal Court of Appeal Judge Profile Grid". opentrial.org. Retrieved 2015-04-28.
  5. "Abuja (Headquarters)". courtofappeal.gov.ng. Archived from the original on 2015-04-28. Retrieved 2015-04-28.
  6. "NJC recommends appointments of 18 Appeal Court judges, eight court heads (FULL LIST)". 2021-03-19. Retrieved 2022-05-24.
  7. "How to Be a Judge in Nigeria". LawPàdí. 2021-02-11. Retrieved 2022-05-24.
  8. Oshisanya, O. (2015). An Almanac of Contemporary and Comparative Judicial Restatements (ACCJR Supp. ii Public Law): ACCJR Supplement ii. p. 147. ISBN   9789785120059 . Retrieved 2015-04-28.
  9. Powered by DMflex WebGen --- www.dmflex.com. "CJN Asks Court of Appeal Judges to Avoid Conflicting Judgments, Political Associations, Articles | THISDAY LIVE". thisdaylive.com. Archived from the original on 2015-03-24. Retrieved 2015-04-28.
  10. "OVERVIEW OF THE JURISDICTION OF THE COURT OF APPEAL IN NIGERIA". LawCareNigeria. 2021-02-21. Retrieved 2022-05-24.
  11. "Jurisdiction, rights of appeal and procedure of Court of Appeal". The Guardian Nigeria News - Nigeria and World News. 2020-03-10. Retrieved 2022-05-24.