Opinion you: Which court has both original and appellate jurisdiction
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Which court has both original and appellate jurisdiction Video
What Courts Have Original Jurisdiction?In this unit we shall examine the courts in the hierarchy of courts in Nigeria starting from the highest. Which establishes the court, and prescribes the bulk of its jurisdiction and the method for the appointment and dismissal of judges?
The Supreme Court Act. The Supreme Court rules made by the court. The number of Justices of the Supreme Court had been increased from the former limit of 10 to 19 the Chief Justice of Nigeria shall be appointed by the President on the recommendation of the national Judicial Service Commission subject to confirmation by the Senate. The appointment to the office of Chief Justice of Nigeria is therefore not at the discretion of the President, but is based on the recommendation of the National Judicial Service Commission subject to the confirmatory power of the Senate.
The minimum qualification of the Justice of the Supreme Court is fifteen-year post call as a legal practitioner. The Supreme Court for the purpose of exercising jurisdiction over any matter shall be duly constituted if it consists of not less than five Justices of the Court, while for the purpose of exercising jurisdiction over appeals under the Fundamental Human Rights Provisions or in the exercise of its original jurisdiction the court shall be properly constituted when Seven Justices sit.
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The court is served by Registrars and other administrative personnel; the head of jueisdiction administrative section is the Registrar of the Supreme Court. In effect, there is no appeal from the decision of the court. The court has both original and appellate jurisdiction. As we have discussed above, the Supreme Court has original jurisdiction over any dispute between the Federation and a state, or between the federation and a state, or between states if and in so far as that dispute involves any question whether law or fact on which the existence or extent of a legal right depends.
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In addition, the National Assembly may add, not detract from the original jurisdiction of the court, where the dispute is between the Chief executive of a government and another, or between the Arm of Federal Government and a State. Here Supreme Court can not exercise original jurisdiction over criminal matters. https://digitales.com.au/blog/wp-content/custom/why-building-administrations-have-a-developing-business/what-is-contemporary-organization.php lie as of right from the decisions of the Court of Appeal to the Supreme Court in the following cases: — Where the ground of appeal involves questions of law alone, decision in any civil or criminal proceedings Decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution; Decisions in any civil or criminal proceedings on questions as to whether any which court has both original and appellate jurisdiction the provisions of chapter iv of the Constitution has been is being or is likely to be, contravened in relation to any person; Decisions in any criminal proceedings in which any person the Court of Appeal have confirmed a sentence of death imposed by any other court.
Decisions on any question: — i. Whether any person has been validly elected to the office of President or Vice-President under the Constitution.
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Whether the term of office of President or Vice-President has ceased. Whether the office of President or Vice-President has become vacant and Such other cases as may be presented by an Act of the National Assembly.
In all other cases, appeal from the decision of the Court of Appeal to the Supreme Court shall be with the leave of the Court of Appeal or the Supreme Court. Appeals can only lie from decisions of jurisdictoin Court of Appeal to the Supreme Court. And from no other Court in Nigeria. The law after specifying the cases where appeals may lie to the court as of right in S 2 went on to state that all other cases must obtain leave of Court, before appeal may be entertained, the leave must first be sought from the Court of Appeal before the party may apply to the Supreme Court. All interlocutory appeals fall within this category.
Appeals must also be by the parties to the appeal or at the instance of any other person interested in the matter.]
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