The 1999 Constitution

Section 240

Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the High Court of the Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of Appeal of a state and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National Assembly.

(The Court of Appeal has the exclusive right to hear and decide on Appeals from the Federal Hugh Court, the High Court of the FCT, Abuja, the High Court of a State, the Sharia Court of Appeal of the FCT, Abuja, the Sharia Court of Appeal of a State, Customary Court of Appeal of a State and from the decisions of a Court Martial or other tribunals that an Act of the National Assembly may pass.)

Section 241 (1)

An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases –

(The Court of Appeal has the jurisdiction i.e. power to hear an appeal from the Federal High Court in the following situations: )

Section 241 (1)(a)

final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at first instance;

(The Court of Appeal has the power to hear appeal on judgments i.e. final decisions from the Federal High Court or High Court concerning a civil or criminal matter which was decided at its first time hearing the matter.)

Section 241 (1)(b)

where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;

(The Court of Appeal has the power to listen to appeals where the reason for the appeal concerns a question about only law in a civil or criminal matter.)

Section 241 (1)(c)

decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;

(The Court of Appeal has the power to hear appeals of judgments/ decisions in any civil or criminal matter where it concerns questions about how to interpret or apply the Constitution.)

Section 241 (1)(d)

decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;

(The Court of Appeal has the jurisdiction to hear appeals from the Federal High Court or the High Court of a State concerning questions where the fundamental human rights of a person contained under Chapter IV of the 1999 Constitution has been, is being or is likely to be breached.)

Section 241 (1)(e)

decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death;

(The Court of Appeal can hear appeals regarding judgments from the Federal High Court or the High Court of a State where a person has been sentenced to death.)

Section 241 (1)(f)

decisions made or given by the Federal High Court or a High Court –

(The Court of Appeal can hear appeals concerning judgments made by the Federal High Court or a High Court of a State in the following situations; )

Section 241 (1)(f)(i)

where the liberty of a person or the custody of an infant is concerned,

(in situations where the freedom of a person or who has custody of an infant is in issue; )

Section 241 (1)(f)(ii)

where an injunction or the appointment of a receiver is granted or refused,

(in situations where an injunction is granted or refused by the Federal High Court or High Court of a State or where the appointment of a receiver – A receiver is a person appointed as custodian of a person or entity’s property, finances, general assets, or business operations – is granted or refused by the Federal High Court or the High Court of a State.)

Section 241 (1)(f)(iii)

in the case of a decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeasance or otherwise,

(in situations where a person who has a duty of care but such person has acted in a manner that is “misfeasance” i.e. the act of engaging in an action or duty but failing to perform the duty correctly.)

Section 241 (1)(f)(iv)

in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability, and

(in matrimonial cases, where a decree nisi has been made or in decisions relating to admiralty action where the court is to determine/ decide on who bears liability for an issue.)

Section 241 (1)(f)(v)

in such other cases as may be prescribed by any law in force in Nigeria.

(in any other situation that grants the Court of Appeal the power to hear the appeal by a law which is in force in Nigeria.)

Section 241 (2)

Nothing in this section shall confer any of appeal –

(An appeal is to the Court of Appeal is not granted in the following situations; )

Section 241 (2)(a)

from a decision of the Federal High Court or any High Court granting unconditional leave to defend an action;

(Granting unconditional leave/ permission to defend an action from the decision of the Federal High Court or High Court of a State; )

Section 241 (2)(b)

from an order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree nisi; and

(If after the time allotted/ prescribed/ given by the law to appeal a decree nisi in a matrimonial case/ divorce case has expired and an order absolute has been given without either party appealing against it, either party cannot appeal against the order absolute before the Court of Appeal.)

Section 241 (2)(c)

without the leave of the Federal High Court or a High Court or of an Appeal, from a decision of the Federal High Court or High Court made with the consent of the parties or as to costs only

(When the appeal relates to cost and the consent of the parties i.e. consent judgment, you need to seek leave of the Federal High Court or a High Court of a State (depending on the court that granted cost) first before bringing an appeal before the Court of Appeal. Unless leave has been sought from either the Federal High Court or the High Court of a State, the Court of Appeal cannot hear an appeal on a decision made by those courts.)