Appellate Jurisdiction (Substitution for Section 233 of the Constitution and Section 24 of the First Alteration Act)

Appellate Jurisdiction (Substitution for Section 233 of the Constitution and Section 24 of the First Alteration Act)

6. Section 233 of the Constitution and section 24 of the First Alteration Act are substituted for the following new section –

“(1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.

(2) An appeal shall lie from the decisions of the Court of Appeal to the Supreme Court as of right in the following cases—

(a) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;

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

(c) 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;

(c) decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other Court;

(e) decisions on any question—

(i) whether any person has been validly elected to the office of President or Vice-President under this Constitution,

(ii) whether the term of office of President or Vice President has ceased;

(iii) whether the office of President or Vice-President has become vacant;

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(iv) whether any person has validly elected to the office of Governor or Deputy-Governor under this Constitution;

(v) whether the term of office of a Governor or Deputy Governor has ceased;

(vi) whether the office of Governor or Deputy Governor has ceased;

(vi) whether the office of Governor or Deputy Governor has become vacant; and

(f) such other cases as may be prescribed by an Act of the National Assembly”.

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