Table of Contents
Section 242 (1)
Subject to the provisions of section 241 of this Constitution, an appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or that High Court or the Court Appeal;
(Based on what is contained in section 241 of the 1999 Constitution, before a person can appeal to the Court of Appeal against a decision of either the Federal High Court or the High Court, such person must first seek leave to appeal from either the Federal High Court, High Court or the Court of Appeal.)
Section 242 (2)
The Court of Appeal may dispose of any application for leave to appeal from any decision of the Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.
(After going through the record of proceedings of either the Federal High Court or High Court concerning a civil or criminal matter and the Court of Appeal is of the opinion that justice will not be served to orally listen to such application, then the Court of Appeal can reject that application from a person for leave to appeal.)
Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or a High Court conferred by this Constitution shall be –
(The following are situations where a right of appeal can come before the Court of Appeal from the Federal High Court or High Court; )
Section 243 (a)
exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or High Court or the Court of Appeal at the instance of any other 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;
(n civil matters, by either of the parties or by a person who has interest in the matter after such person has sought leave of either the Federal High Court, High Court or Court of Appeal. In criminal matters, by the accused person or by the Attorney General of the Federation or State based on the provisions of the Constitution that gives them the power to take over, continue or discontinue suits.)
Section 243 (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.
(In situations where an Act of the National Assembly and any rule of court at the time in force has stipulated procedures/ rules that regulate the powers, practice and procedures of the Court of Appeal.)