Court of Appeal FAQs
Q: what is the jurisdiction of the Court of Appeal?
The Court has exclusive appellate jurisdiction to hear and determine appeals from all Federal Courts and State Courts established by the Constitution, decisions of all Election Tribunals, Code of Conduct Tribunal, court marshals or other tribunals as may be prescribed by the National Assembly.
The Court of Appeal is duly constituted by at least three Justices of the Court. However, when it is considering appeals from a Sharia Court of Appeal or a Customary Court of Appeal, the Court must consist of at least three Justices of the Court learned in Islamic Personal Law or three Justices of the Court learned in customary law respectively.
Q: How the notice of appeal should be served?
Every Notice of Appeal shall be subject to the provisions of Order 2 Rules 7, 8 and 9 to be served personally; Provided that if the Court is satisfied that the notice of appeal has in fact been communicated to the respondent, no objection to the hearing of the appeal shall lie on the ground that the notice of appeal was not served personally.
Q: What are the timing of filling the appeals in Court?
The registries of the Court shall be, subject to the directions of the President, be open to the public everyday in the year from eight o'clock in the forenoon to one o'clock in the afternoon, except on Saturdays and Sundays or on any day declared as public holiday.
Q: What are the powers of the court?
In relation to an appeal, the Court shall have all the powers and duties as to amendment and otherwise of the judgments of the High Court, in civil matters. The Court shall have power to receive further evidence on questions of fact, either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner as the Court may direct, but, in case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.
Q: How an application of appeal should be filed in the court? Every application to the Court shall be by notice of motion supported by affidavit and shall state the Rule under which it is brought and the ground for the relief sought.
Q: What is the procedure of filling a notice of preliminary objection?
A respondent intending to rely upon a preliminary objection to the hearing of the appeal, shall give the appellant three clear days notice thereof before the hearing, setting out the grounds of objection, and shall file such notice together with twenty copies thereof with the Registrar within the same time.
Q: Can the appellant withdraw his Appeal?
An Appellant may at any time before the appeal is called on for hearing, serve on the parties to the appeal and file with the Registrar, a notice to the effect that he does not intend to prosecute the appeal any further.
Q: When the parties to the appeal should go for Court of Appeal Mediation Programme?
At any time before an appeal is set down for hearing, the Court may in appropriate circumstances upon the request of any of the parties refer the appeal to the Court of Appeal Mediation Programme (CAMP); provided that such appeal is of a purely civil nature and relates to liquidated money demand, matrimonial causes, child custody or such other matter as may be mutually agreed to by the parties.