CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N1,500 (PDF)] CLICK HERE FOR ONLINE PAYMENT. PDF COMPENDIUMS OF ALL THE LAWS OF NIGERIA, LAGOS AND OTHER STATES ARE ALSO AVAILABLE. EMAIL: lawnigeria@gmail.com or info@lawnigeria or Text/WhatsApp +23407067102097
COURT OF APPEAL ACT
Chapter C37, Laws of the Federation of Nigeria 2004 (as Amended in 1993, 2005 and 2013)
[EDITOR’S NOTE: The principal Act has been amended by the Court of Appeal (Amendment) Act, 1993; which changed the number of justices from forty one to fifty; the Court of Appeal (Amendment) Act, 2005 which further increased the number to seventy; and the Court of Appeal (Amendment) Act 2013 which again increased the Court’s judge membership to 90]
ARRANGEMENT OF SECTIONS
Part I: General
Part II: Appeals in Civil cases
Part III: Appeals in Criminal Cases from a Court sitting as a Court of first instance
Part IV: Appeals in Criminal cases from a Court sitting in its appellate jurisdiction
Part V: Procedure
Part VI: Supplemental
COURT OF APPEAL ACT
An Act to establish the Court of Appeal as an intermediate Court between the High Court and other subordinate Courts and the Supreme Court and matters ancillary thereto.
[Commencement 1st day of October 1976]
Part I: General
(2) There shall be paid to each Justice of the Court of Appeal the same salary as is payable to the Chief Judge of a State.
(3) There shall also be paid to each Justice on account of expenses incurred in connection with his office or otherwise, such allowances as are considered reasonable by the Federal Government and comparable with similar appointments.
(4) The amounts payable under this section shall be charged on and paid out of the Consolidated Revenue Fund.
(2) The President shall rank equal to a Justice of the Supreme Court and the other Justices of the Court of Appeal shall rank next to the Justices of the Supreme Court and equal to the Chief Judge of the Federal High Court.
(2) The Chief Registrar and other officers appointed under this section shall exercise such powers and perform such duties as may be conferred or imposed upon them by this Act or rules of court, and subject thereto, by any direction of the President.
(2) The seal of the Court of Appeal shall be kept by the President who may entrust it or a duplicate thereof to such officers of the Court of Appeal as he may think fit.
(2) Any judgment of the Court of Appeal shall have full force and effect throughout the Federation and shall be enforceable by all courts and authorities in any part of the Federation in like manner as if it were a judgment of the High Court of that part of Nigeria.
(2) The President may make rules regulating the practice and procedure of the Court of Appeal.
Provided that nothing in this section shall preclude a Justice who does not concur in the opinion of the other Justices from delivering a dissenting opinion.
Provided that-
(a) in appeals in criminal causes or matters, if any Justice refuses an application for the exercise of any such power, the person making the application shall be entitled to have his application determined by the Court of Appeal; and
(b) in appeals in civil causes or matters, any order, direction or decision made or given in pursuance of the power conferred on a single Justice by this section may be varied, discharged or reversed by the Court of Appeal.
Part II: Appeals in Civil Cases
(2) Nothing in subsection (1) of this section, shall be construed so as to authorise an application to the Court of Appeal in the first instance for leave to appeal from an interlocutory order or decision made in the course of any suit or matter brought in the High Court of a State or the Federal High Court.
Part III: Appeals in Criminal cases from a Court sitting as a Court of First instance
Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.
(2) Subject to the provisions of this Act, the Court of Appeal shall, if it allows an appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered or order the appellant to be re-tried by a court of competent jurisdiction.
(3) On an appeal against sentence or, subject to the provisions of this Act, on an appeal against conviction, the Court of Appeal shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed, and if not of that opinion shall, in the appeal against sentence, dismiss the appeal.
(4) Subject to the provisions of this Act, the Appeal shall, if it allows an appeal against acquittal or dismissal, direct a judgment and verdict of conviction entered and pass such sentence as the court below passed, or order the appellant to be re-tried by competent jurisdiction.
(2) Where an appellant has been convicted of and the court which tried him could on the information or charge have found him guilty of some other offence, and on the finding of the trial court, it appears to the Court of Appeal that that court must have been satisfied of facts which proved him guilty of that other offence, the Court of A instead of allowing or dismissing the appeal, substitute for the verdict found by such court, a verdict of guilty of that offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.
(3) If on any appeal it appears to the Court of Appeal that, although the appellant was guilty of the act or omission charged against him, he was insane at the time the act was done or omission made so as not to be responsible according to law for his action, the Court of Appeal may quash the sentence passed at the trial and order the appellant to be kept in custody as a person of unsound mind in such place and in such manner as the Court of Appeal may direct pleasure of the President of the Federal Republic, be known, and the President of the Federal Republic of Nigeria may thereupon and from time to time, give such order for the safe custody of the appellant during pleasure in such place and in such manner as the President of the Federal Republic of Nigeria may see fit.
(2) In cases where the operation of an order is suspended until the determination of the appeal, the order shall not take effect if the conviction is quashed on appeal.
(3) The Court of Appeal may by order annul or vary any order made by the court before which the appellant was convicted for the payment of compensation or of any other expenses of the prosecution or for the imprisonment or other punishment imposed on the person convicted or for the restoration of any property to any person although the conviction is not quashed, and the order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.
Part IV: Appeals in Criminal cases from a Court sitting in its appellate jurisdiction
Part V: Procedure
(2) The periods for the giving of notice of appeal or notice of application for leave to appeal are-
(a) in an appeal in a civil cause or matter, fourteen days where the appeal is against an interlocutory decision and three months where the appeal is against a final decision;
(b) in an appeal in a criminal cause or matter, ninety days from the date of the decision appealed against.
(3) Where an application for leave to appeal is made in the first instance to the court below, a person making such application shall, in addition to the period prescribed by subsection (2) of this section, be allowed a further period of fifteen days, from the date of the determination of the application by the court below, to make another application to the Court of Appeal.
(4) The Court of Appeal may extend the periods prescribed in subsections (2) and (3) of this section.
(a) order the production of any document, exhibit, or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the case;
(b) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court of Appeal, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules of court, or, in the absence of rules of court making provision in that behalf, as it may direct, before any Justice of the Court of Appeal or before any officer of the Court of Appeal or other person appointed by the Court of Appeal for the purpose, and allow the admission of any depositions so taken as evidence before the Court of Appeal;
(c) receive the evidence, if tendered, of any witness (including the appellant) who is competent but not compellable witness, and, if the appellant makes an application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such an application; and
(d) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Court of Appeal conveniently be conducted before the Court of Appeal, order the reference of the question in matter provided by rules of court, or in the absence of rules of court making provision in that behalf, as it may direct, for enquiry and report, to a special commissioner appointed by the Court of Appeal, and act upon the report of any such commissioner so far as it thinks fit to adopt it; and exercise in relation to the proceedings of the Court of Appeal, any other powers which may for the time being be prescribed by rules of court, and issue any warrants necessary for enforcing the orders or sentences of the Court of Appeal:
Provided that in no case shall a sentence be increased by reason of or in consideration of any evidence that was not given at the trial.
(2) The power of the Court of Appeal to pass any sentence under this Act may be exercised notwithstanding that the appellant is for any reason not present.
(3) The right of an appellant who is in custody to be present at the hearing of his appeal shall be subject to his paying all expenses of and incidental to his transfer to and from the place where the Court of Appeal sits for the determination of his appeal:
Provided that the Court of Appeal may direct that he be brought before the Court of Appeal in any case where, in the opinion of the Court of Appeal, his presence is advisable for the due determination of the appeal, in which event such expenses as aforesaid shall be defrayed out of general revenue.
(4) An appellant who does not appear at the hearing of his appeal or application for leave to appeal by counsel, may present his appeal or argument in writing and any appeal or argument so presented shall be considered by the Court of Appeal.
(2) The time during which an appellant, pending the determination of his appeal, is admitted to bail shall not count as part of any term of imprisonment under his sentence and, any imprisonment under the sentence of an appellant, whether it is the sentence passed by the trial court or the sentence passed by the court below on appeal or the sentence of the Court of Appeal, shall, subject to any direction which may be given by the Court of Appeal, be deemed to be resumed or to begin to run, as the case requires, from the day on which he is received into prison under the sentence.
(3) In any case in which the appellant has received special treatment pending the hearing of his appeal in accordance with the provisions of any law relating to prisons, the Court of Appeal shall fix the day from which the sentence shall be deemed to begin to run.
Part VI: Supplemental
“appeal” includes an application for leave to appeal;
“appellant” means any person who desires to appeal or appeals from a decision of the court below or who applies for leave to so appeal, and includes a legal practitioner representing such a person in that behalf;
“cause” includes any action, suit or other original proceeding between a plaintiff and a defendant or an applicant and a respondent, and any criminal proceeding;
“Court of Appeal” means the Court of Appeal established by section 217 of the Constitution of the Federal Republic of Nigeria;
“court below” means the court from which an appeal is brought;
“Justice” means a Justice of the Court of Appeal and includes the President of that Court;
“judgment” includes decision or order;
“matter” includes any proceeding in a court not in a cause;
“the President” means the President of the Court of Appeal;
“Registrar” means the Chief Registrar of the Court of Appeal, any Senior Registrar or Registrar of the Court of Appeal or any other officer of the Court of Appeal by whatever title called exercising functions analogous to those of a Registrar of the Court of Appeal;
“rules of court” means rules of court made or deemed to have been made under this Act;
“sentence” includes a recommendation;
“suit” includes action;
“verdict” includes the decision of a judge or court as to whether or not the accused person is guilty in cases where such decision rests with the judge or court.
ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED)
Table