LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Jurisdiction of Court of Appeal — Original Jurisdiction Under Section 239(1) Limited to Specified Matters
PRINCIPLE STATEMENT
The original jurisdiction of the Court of Appeal under section 239(1) of the 1999 Constitution is very clear. All other grievances outside that provision can only be justiciable in other courts recognised for such jurisdiction in the Constitution.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 20–21; Paras E–A.
"The original jurisdiction of the Court of Appeal under S.239(1) of 1999 Constitution is very clear. All other grievances outside that provision can only be justiciable in other courts recognised for such jurisdiction in the Constitution."
EXPLANATION / SCOPE
The Court of Appeal’s original jurisdiction is limited to specified constitutional matters. The principle applies to constitutional law. Other grievances must be filed in appropriate courts. The rule prevents the Court of Appeal from exercising unlimited original jurisdiction. The court will decline jurisdiction for matters outside section 239(1). The principle is well-established.