The 1999 Constitution

Section 233 (1)

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

(The Supreme Court is the only Court in Nigeria that has the power to hear and judge appeals that come from the Court of Appeal.)

Section 233 (2)

An appeal shall lie from decisions of the Court of Appeal to the Supreme Court as of right in the following
cases –

(Any appeal from the Court of Appeal shall go to the Supreme Court by right (entitlement) in the following situations-)

Section 233 (2)(a)

where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings
before the Court of Appeal;

(In situations where the reasons for the appeal involve only questions of law in any civil or criminal matter and has come before the Court of Appeal; )

Section 233 (2)(b)

decisions in any civil or criminal proceedings on questions as to the interpretation or application of this
constitution,

(The Supreme Court has the jurisdiction i.e. power to hear matters, be it civil or criminal, which raise questions/ issues as to the interpretation of the 1999 Constitution from the Court of Appeal.

This means that if there is a matter that involves a question relating to the interpretation of a section(s) of the 1999 Constitution, be it civil or criminal, the Supreme Court has the power to hear and interpret that particular issue which relate to the section or sections of the 1999 Constitution specifically; )

Section 233 (2)(c)

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;

(The Supreme Court can as of right, hear decisions from the Court of Appeal whether civil or criminal matters as to whether Chapter IV (fundamental human rights) of the Constitution has been, is being or is likely to be breached (disobeyed) concerning any person; )

Section 233 (2)(d)

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

(The Supreme Court can as of right, hear decisions from the Court of Appeal in criminal matters where the Court of Appeal has either agreed to a death sentence which has been given by a lower Court or if the Court of Appeal has granted a death sentence; )

Section 233 (2)(e)

decisions on any question –

(The Supreme Court also has the power to hear decisions relating to the following questions; )

Section 233 (2)(e)(i)

whether any person has been validly elected to the office of President or Vice-President under this
Constitution,

(It has the power to decide on whether or not a person has been validly (rightly) elected into the office of the President or Vice President of Nigeria as contained in the 1999 Constitution; )

Section 233 (2)(e)(ii)

whether the term of office of office of President or Vice-President has ceased,

(It can also decide on whether or not the period/ term of office of the President or Vice President has ended; )

Section 233 (2)(e)(iii)

whether the office of President or Vice-President has become vacant; and

(It can also decide on whether the office of the President or the Vice President has become vacant i.e. empty; )

Section 233 (2)(e)(iv)

such other cases as may be an Act of the National Assembly.

(The Supreme Court can also decide on any other case which the National Assembly by an Act has given it the power to decide on; )

Section 233 (3)

Subject to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with the leave of the Court of Appeal or the Supreme Court.

(Appeals going from the Court of Appeal to the Supreme Court mentioned in sub section 2 of this section can only come by way of leave of the Court of Appeal or the Supreme Court; )

Section 233 (4)

The Supreme Court may dispose of any application for leave to appeal from any decision of the Court Appeal in respect of any civil or criminal proceedings in 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.

(The Supreme Court can decide not to grant an application for leave to appeal a decision of the Court of Appeal relating to a civil or criminal matter if the Supreme Court is of the opinion that an oral hearing of the application will not bring justice; )

Section 233 (5)

Any right of appeal to the supreme Court from the decisions of the 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 Court of Appeal or the Supreme Court at the instance of an person having an interest in the matter, and in the case of criminal proceedings at the instance of an accused person, 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.

(In civil matters, an application for leave to appeal to the Supreme Court must either be done by one of the parties at the Court of Appeal or a person who has an interest in the matter. For criminal matters, the accused or whoever the 1999 Constitution has stated has the power to do so. This includes the Attorney General of a State or Federation based on their powers to take over, continue and discontinue proceedings which are contained in Sections 211 and 174 of the 1999 Constitution; )

Section 233 (6)

Any right of appeal to the Supreme Court from the decisions of the 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.

(The right to appeal to the Supreme Court from the decisions of the Court of Appeal which has been stated in this section is based on the conditions of section 236 of the 1999 Constitution and has to be carried out according to any Act of the National Assembly and rules of the Court regulating the powers, practice and procedure of the Supreme Court at the time of the appeal.)