The general principle of law is that the Supreme Court is the final court in Nigeria. It has appellate jurisdiction over appeals from the Court of Appeal.
However, there are instances where the decision of the Court of Appeal – which is the second highest court on the hierarchy of Courts in Nigeria – will be final. It’s pertinent to state that there is only one Court of Appeal in Nigeria but several judicial divisions for the sake of convenience and swift administration of justice.
One of the instances is that the decisions on appeals from the National Assembly or State House of Assembly Election Tribunals are final. This principle received statutory authority in Section 246(3) of the Constitution of the Federal Republic of Nigeria and was judicially reaffirmed in the case of Ogboru v President Court of Appeal & Anor(2005) LPELR-7473(CA)
Also, decisions of the Court of Appeal on appeals from the National Industrial Court are final. This explains why ASUU in its case with the Federal Government cannot appeal the Court’s decision to the Supreme Court. The finality of the Court of Appeal is constitutionally provided for by virtue of Section 243(4) and the case of Coca-Cola & Ors v Mrs. Titilayo Akinsanya (2013) 18 NWLR (Pt 1386).
Thank you for reading. See you next week.
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