LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Appellate Jurisdiction — Customary Court of Appeal — Right of Appeal to Court of Appeal
PRINCIPLE STATEMENT
Under section 224 of the 1979 Constitution, an appeal lies as of right from the Customary Court of Appeal to the Court of Appeal only on questions of customary law or such other matters as may be prescribed by an Act of the National Assembly. No such other matters have been prescribed. Therefore, an appeal does not lie on a ground that does not raise a question of customary law.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Hirnor & Anor v. Yongo & Ors (2003) NLC-241997(SC) at pp. 7–8; Paras D–A.
"It is crystal clear from the said section 224 of the Constitution of the Federal Republic of Nigeria, 1979 that an appeal shall lie at the instance of a party thereto from a decision of the Customary Court of Appeal of a State to the Court of Appeal as of right in all civil proceedings before the Customary Court of Appeal with respect to any question of customary law and such other matters as may be prescribed by an Act of the National Assembly. ... In the face of the express provisions of section 224 of the Constitution of the Federal Republic of Nigeria, 1979 it is plain that an appeal lies from a decision of the Customary Court of Appeal of a State to the Court of Appeal as of right with respect to complaints on any question of customary law or such other matters as may be prescribed by an Act of the National Assembly. No such other matters would appear to have so far been prescribed by any Act of the National Assembly pursuant to the said section 224(1) of the 1979 Constitution. It can therefore be said that an appeal for the time being does not lie from a decision of the Customary Court of Appeal to the Court of Appeal on a ground which does not raise a question of customary law."
EXPLANATION / SCOPE
Appeals from Customary Court of Appeal are limited to questions of customary law. No other matters have been prescribed. The principle applies to constitutional law. The appellant cannot appeal on non-customary law grounds. The rule restricts appellate jurisdiction. The court will strike out incompetent appeals. The principle is well-established.
