Jurisdiction Flashcards
To differentiate courts based on jurisdiction (21 cards)
What is the constitutional basis for the Supreme Court of Nigeria?
Section 230(1) CFRN 1999
How many Justices can sit on the Supreme Court?
Not more than 21, including the Chief Justice (S. 230(2))
Who appoints Justices of the Supreme Court?
The President, on recommendation of the NJC, confirmed by the Senate
What is the minimum qualification to be appointed as a Justice?
15 years as a legal practitioner (S. 231(3))
What does Section 232 CFRN provide for?
Original jurisdiction in disputes between the Federation and States
Can the Supreme Court give advisory opinions?
No. See Olagbegi v Oba Ogunoye (1996) 5 NWLR 332
Under what section is appellate jurisdiction provided?
Section 233 CFRN
What is the quorum for regular sittings of the Supreme Court?
At least 5 Justices (S. 234 CFRN)
When must the Supreme Court sit with at least 7 Justices?
When interpreting the Constitution, fundamental rights (Chapter IV), or exercising original jurisdiction
Name one case clarifying the court’s original jurisdiction
A-G Bendel v A-G Federation (1981) 10 SC 1
What is the final court of appeal in Nigeria?
The Supreme Court
What section establishes the Court of Appeal?
Section 237 CFRN 1999
Who appoints the President of the Court of Appeal?
The President of Nigeria on NJC recommendation, confirmed by the Senate
What is the minimum qualification to be a Justice of the Court of Appeal?
12 years as a legal practitioner (S. 238)
What does Section 239 provide for?
Original jurisdiction over presidential election disputes
Under what section does the Court exercise appellate jurisdiction?
Section 240 CFRN
From which courts does the Court of Appeal hear appeals?
Federal High Court, State High Courts, Sharia and Customary Courts of Appeal, Court Martial, and tribunals
What is the minimum number of Justices required to constitute the Court?
Three (3)
When is the Court required to include Justices learned in Islamic or Customary Law?
When hearing appeals from Sharia or Customary Courts of Appeal (S. 247–248)
Which court hears presidential election petitions at first instance?
Court of Appeal
Name a case confirming Court of Appeal jurisdiction over presidential elections
Buhari v INEC (2008) 19 NWLR (Pt. 1120) 246
