Section 234, 235 and 236 of the 1999 Constitution: Constitution and Finality of the Supreme Court of Nigeria


The 1999 Constitution

Section 234

For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, the
Supreme Court shall be duly constituted if it consists of not less than five Justices of the Supreme Court:

(The Supreme Court of Nigeria must not have less than 5 (five) justices when it is presiding/judging a matter which it has the power to judge.)

Provided that where the Supreme Court is sitting to consider an appeal brought under 233(2)(b) or (c) of this Constitution, or to exercise its original jurisdiction in accordance with section 232 of this Constitution, the Court shall be constituted by seven Justices.

(However, when the Supreme Court is judging/ presiding over an appeal which has been brought before it under section 233 (2)(b) or section 233 (2)(c) of the 1999 Constitution, or when it is acting in respect of its original jurisdiction contained under section 232 of the 1999 Constitution, the Supreme Court must have 7 (seven) Justices.)

Section 235

Without prejudice to the powers of the President or of the Governor of a state with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court.

(Asides the powers which the President and Governor of a State have regarding the prerogative of mercy i.e. granting pardon, no body or person can hear an appeal once the Supreme Court has judged an appeal or matter before it.)

Section 236

Subject to the provisions of any Act of the National Assembly, the Chief Justice of Nigeria may make rules
for regulating the practice and procedure of the Supreme Court.

(The Chief Justice of Nigeria has the power to make rules that regulate the practice and procedure of the Supreme Court but this is based on the provisions of any Act of the National Assembly.)

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