LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Competence of Grounds of Appeal from Customary Court of Appeal
PRINCIPLE STATEMENT
It is clear from the provisions of subsection (1) of section 224 of the 1979 Constitution that there is only one right of appeal to the Court of Appeal. This right pertains to a complaint on ground of appeal which raises questions of customary law alone. It does not accommodate any complaint or ground of appeal which does not raise a question of customary law.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC (as he then was) Golok v. Diyalpwan (1990) 3 NWLR (Pt. 139) 411 at 418, cited with approval Pam v. Gwom (2000) NLC-171998(SC) at pp. 9–10; Paras. D–A.
"It is clear from the provisions of subsection (1) of section 224 of the 1979 Constitution that there is only one right of appeal to the Court of Appeal. This right pertains to a complaint on ground of appeal which raises questions of customary law alone. It does not accommodate any complaint or ground of appeal which does not raise a question of customary law."
EXPLANATION / SCOPE
Appeals from a State Customary Court of Appeal to the Court of Appeal are limited by constitutional provisions. Under Section 224(1) of the 1979 Constitution (similarly in subsequent constitutions), the only ground for such an appeal is a question of customary law. Any ground of appeal that does not raise an issue of customary law is incompetent and must be struck out. This restricts appellate intervention to matters of native law and custom, excluding issues of procedure, evidence (unless they involve customary law), or other areas falling outside the constitutional grant.