Jurisdiction of the court

Jurisdiction of the Court

The Supreme Court of Nigeria, as established under Section 230 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the “Constitution”) is the apex court in the country, vested with both original and appellate jurisdiction under the Constitution.

Original Jurisdiction: The Supreme Court exercises exclusive original jurisdiction in specific cases as defined under Section 232 of the Constitution. This jurisdiction allows the Court to hear disputes directly, bypassing lower courts. Specifically, the Supreme Court has original jurisdiction in Disputes between the Federation and a State or between States, involving questions of law or fact on the existence or extent of a legal right.

Additionally, the scope of the Court’s original jurisdiction was expanded through the (Additional Original Jurisdiction) Act, 2002 (the “Act”), pursuant to Section 232(2) of the Constitution. Under this Act, the Court’s jurisdiction now includes disputes involving:

  • National Assembly and the President of the Federal Republic of Nigeria;

  • National Assembly and a State Government; and

  • National Assembly and a State House of Assembly.

Appellate Jurisdiction: The Supreme Court’s appellate jurisdiction is established under Section 233 of the Constitution, empowering it to hear appeals exclusively from the Court of Appeal. Appeals to the Supreme Court may arise as of right in the following cases:

The Supreme Court’s appellate jurisdiction is established under Section 233 of the Constitution, empowering it to hear appeals exclusively from the Court of Appeal. Appeals to the Supreme Court may arise as of right in the following cases:

  1. Civil or criminal matters where the ground of appeal involves questions of law alone.

  2. Matters relating to the interpretation or application of the Constitution.

  3. Questions concerning the contravention of provisions under Chapter IV of the Constitution (Fundamental Rights).

  4. Criminal cases where a person has been sentenced to death, including appeals affirming such sentences by the Court of Appeal.

  5. Decisions on any question involving:

    1. Whether any person has been validly elected to the office of President or Vice-President under the Constitution.
    2. Whether the term of office of the President or Vice-President has ceased.
    3. Whether the office of the President or Vice-President has become vacant.
    4. Whether any person has been validly elected to the office of Governor or Deputy Governor under the Constitution.
    5. Whether the term of office of a Governor or Deputy Governor has ceased.
    6. Whether the office of a Governor or Deputy Governor has become vacant.

  6. Such other cases as may be prescribed by an Act of the National Assembly.

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