The 1999 Constitution

Section 282 (1)

A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil
proceedings involve questions of Customary law.

(A Customary Court of Appeal of a State has the power to hear appeals and act in a supervisory role concerning civil matters which relate to questions about Customary law; )

Section 282 (2)

For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and
decide such questions as may be prescribed by the House of Assembly of the State for which it is established.

(The House of Assembly of the State where the Customary Court of Appeal of a State is located has the power to prescribe jurisdiction which was given in sub section 1 of this section to it; )

Section 283

For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, a Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the
Customary Court of Appeal of the State.

(The Customary Court of Appeal of the State has the power to make rules that regulate its practice and procedure; )

Section 284

Subject to the provisions of any law by the House of Assembly of the State, the President of the Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the customary Court of Appeal of the State.

(The President of the Customary Court of Appeal of the State has the power to make rules that regulate the practice and procedure of the Customary Court of Appeal of the State but these rules are subject to or should not be contrary or against any provision of the House of Assembly of t he State; )

Section 285 (1)

There shall be established for the Federation one or more election tribunals to be known as the National
Assembly Election Tribunals which shall, to the exclusion of any or tribunal, have original jurisdiction to hear and determine petitions as to whether –

(One or more election tribunals shall be created for the Federation of Nigeria and they shall be known as the National Assembly Election Tribunals and they shall have the original and exclusive jurisdiction (i.e. they will be the first and only tribunal to determine the issues listed below) over other tribunals in Nigeria to hear and determine the following kinds of petitions brought before it; )

Section 285 (1)(a)

any person has been validly elected as a member of the National Assembly;

(To determine whether a person has been validly elected as a member of the National Assembly; )

Section 285 (1)(b)

the term of office of any person under this Constitution has ceased;

(To determine whether the term of office of any person under the 1999 Constitution has ended; )

Section 285 (1)(c)

the seat of a member of the Senate or a member of the House of Representatives has vacant; and

(To determine whether the seat of a member of the Senate or a member of the House of Representatives has become empty; )

Section 285 (1)(d)

a question or petition brought before the election tribunal has been properly or improperly brought.

(To determine whether a question or petition which has been brought before the election tribunal has been brought following the proper procedure; )

Section 285 (2)

There shall be established in each State of the Federation one or more election tribunals to be known as the Governorship and Legislative Houses Election Tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any legislative house.

(In every State in Nigeria, one or more election tribunals to be known as the Governorship and Legislative Houses Election Tribunals shall be created and they will have the original and exclusive power to hear and determine petitions regarding whether or not a person has been validly/ properly elected to the office of the Governor or Deputy Governor of a State or as a member of any legislative house; )

Section 285 (3)

The composition of the National Assembly election Tribunals, Governorship and Legislative Houses Election Tribunals shall be as set out I the Sixth Schedule to this Constitution.

(The make up/ composition of the National Assembly Election Tribunals, the Governorship and Legislative Houses Election Tribunals is set out in the 6th (Sixth) Schedule of the 1999 Constitution; )

(N/B – The Schedules of the 1999 Constitution can be found at the bottom parts of the 1999 Constitution. The link to the 1999 Constitution can be found at the beginning of this article.)

Section 285 (4)

The quorum of an election tribunal established under this section shall be the Chairman and two other
members.

(For a quorum of an election tribunal which has been created under this section of the 1999 Constitution to be formed, the Chairman and 2 (two) other members must be present; )

(N/B: Quorum means the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid. If a quorum is not formed and a meeting is carried out then that meeting is invalid and the decisions reached will not be binding. Example; In this section, for a quorum to be reached, the Chairman and 2 (two) other members must be present. If a meeting is conveyed with the Chairman absent or Just the Chairman and 1 (one) other member is present then a quorum has not been formed and the meeting is not valid.)