The 1999 Constitution

Section 246 (1)

An appeal to the Court of Appeal shall lie as of right from –

(The following appeals can come before the Court of Appeal without leave of Court; )

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Section 246 (1)(a)

decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this Constitution;

(Whatever decision made by the Code of Conduct Tribunal as created under the fifth (5th) schedule of the 1999 Constitution; )

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Section 246 (1)(b)

decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether

(Decisions that have come from the National Assembly Election Tribunal and the Governorship and Legislative Houses Election Tribunal when it relates to questions regarding the following; )

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Section 246 (1)(i)

any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under this Constitution,

(questions regarding whether a person has been validly elected as a member of the National Assembly or of a House of Assembly of a State as contained in the 1999 Constitution; )

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Section 246 (1)(ii)

any person has been validly elected to the office of a Governor or Deputy Governor, or

(questions as to whether or not a person has been validly elected into the office of a Governor or Deputy Governor of a State; )

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Section 246 (1)(iii)

the term of office of any person has ceased or the seat of any such person has become vacant.

(questions as to whether or not the term of office of a official has ended or if such official seat has become vacant i.e. empty; )

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Section 246 (2)

The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the National Assembly.

(The National Assembly has the power to give the Court of Appeal the power to try appeal from any decision of any other court of law or tribunal which it has established/ created; )

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Section 246 (3)

The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final.

(Decisions of the Court of Appeal regarding appeals that have been brought before it from an election tribunal petition is final.)

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Section 247 (1)

For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from –

(When hearing appeals or exercising its power as the Court of Appeal, the Court of Appeal will need to have not less than three (3) Justices.)

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Section 247 (1)(a)

a sharia Court of Appeal if it consists of not less than three Justices of the Court of Appeal learned in Islamic personal law; and

(When appeals are coming from the Sharia Court of Appeal to the Court of Appeal, the Court of Appeal will need to have not less than three (3) Justices that are educated in Islamic personal law; )

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Section 247 (1)(b)

a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law.

(When appeals are brought from the Customary Court of Appeal to the Court of Appeal, the Court of Appeal will need to have not less than three (3) Justices that are educated in Customary law.)

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Section 248

Subject to the provisions of any Act of the National Assembly, the president of the Court of Appeal may make rules for regulating the practice and procedure of the Court of Appeal.

(The Court of Appeal has the power to make rules that regulate its practice and procedure but this is subject to whatever is contained in an Act/ Law made by the National Assembly.)

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