The 1999 Constitution

Section 237 (1)

There shall be a Court of Appeal.

(There will be a Court of Appeal (CA).)

Section 237 (2)

The Court of Appeal shall consist of –

(The Court of Appeal will be made up of; )

Section 237 (2)(a)

a President of the Court of Appeal; and

(The Court of Appeal will be made up of a President of the Court of Appeal; and )

Section 237 (2)(b)

such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned I Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly.

(The CA will also be made up not less than 49 (forty-nine) thousand Justices of which not less than 3 (three) of them should be educated in Islamic personal law and not less than 3 (three) should be educated in Customary law as an Act of the National Assembly shall prescribe.)

Section 238 (1)

The appointment of a person to the office of President of the Court of appeal shall be made by the
President with the recommendation of the National Judicial Council subject to confirmation of such appointment by the senate.

(For a person to be appointed as President of the CA, such person must be appointed based on the recommendation by the National Judicial Council and such appointment must be confirmed by the Senate.)

Section 238 (2)

The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(For a person to be appointed to the office of the Justice of the CA, such person has to be appointed by the President of Nigeria but on recommendation of the National Judicial Council; )

Section 238 (3)

A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years.

(For a person to be qualified to hold the office of the Justice of the CA, such person must be qualified to practice as a legal practitioner in Nigeria for a period of not less than 12 (twelve) years; )

Section 238 (4)

If the office of the President of the Court of appeal is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Court of Appeal to perform those functions.

(If the office of the President of the CA is vacant, or if the person holding the office is unable to perform his functions for any reason, the President of Nigeria will appoint the most senior Justice of the CA to perform the functions of the President of the CA; )

Section 238 (5)

Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.

(When appointing a person to perform the functions of the President of the Court of Appeal as stated in section 238 (4) above, the duration of such appointment shall be 3 (three) months from the date when such appointment was made unless the National Judicial Council recommends otherwise. Once the 3 (three) months has elapsed, the President of Nigeria cannot re-appoint a person whose appointment has already elapsed.)

Section 239 (1)

Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other
court of Law in Nigeria, have original jurisdiction to hear and determine any question as to whether –

(The Court of Appeal shall have original jurisdiction to hear and determine any of the question as to the following; )

Section 239 (1)(a)

any person has been validity elected to the office of President or Vice-President under this Constitution; or

(The Court of Appeal has original jurisdiction to determine whether any person has been validly elected to the office of the President or Vice President under the 1999 Constitution; )

Section 239 (1)(b)

the term of office of the President or Vice-President has ceased; or

(The Court of Appeal has original jurisdiction to determine whether the term of the office of the President or Vice President has ended; )

Section 239 (1)(c)

the office of President or Vice-President has become vacant.

(The Court of Appeal has original jurisdiction to determine if the office of the President or Vice President has become vacant i.e. empty.)

Section 239 (2)

In the hearing and determination of an election petition under paragraph (a) of subsection (1) of this section, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court Appeal.

(In order to hear and determine election petitions as mentioned under section 239, sub section (1a-1c), the Court of Appeal will be appropriately made up if it has not less than 3 (three) Justices of the Court of Appeal.)