LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Appellate Jurisdiction — Customary Court of Appeal — Leave to Appeal Not Available to Parties on Non-Customary Law Questions
PRINCIPLE STATEMENT
Section 224(1) of the 1979 Constitution confers a right of appeal as of right on questions of customary law. It does not provide for appeal with leave on non-customary law questions. Parties cannot appeal with leave on matters other than customary law.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Hirnor & Anor v. Yongo & Ors (2003) NLC-241997(SC) at pp. 9–10; Paras A–B.
"Nor can section 224(1) of the 1979 Constitution which confers the right to appeal by a party to a suit as of right be interpreted as including the right to appeal with leave by such a party when no provision to that effect is therein contained. ... Learned counsel for the appellants is, with respect, in error when he submitted that the appellants as parties to the proceeding could validly appeal with leave on matters other than customary law when no such provision is made either under the 1979 Constitution or under any Act of the National Assembly."
EXPLANATION / SCOPE
Appeals from the Customary Court of Appeal to the Court of Appeal are limited to questions of customary law. The principle applies to constitutional law. No appeal with leave exists for non-customary law questions. The rule restricts appellate jurisdiction. The appellant cannot circumvent the requirement. The principle is well-established.
