236. Subject to the provisions of any Act of the National Assembly, the Chief Justice of Nigeria may make rules
for regulating the practice and procedure of the Supreme Court.
B - The Court of Appeal
237. (1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of (a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be
learned I Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed
by an Act of the National Assembly.
238. (1) The appointment of a person to the office of President of the Court of appeal shall be made by the
President o the recommendation of the National Judicial Council subject to confirmation of such appointment by
the senate.
(2) The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President
on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to
practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than twelve years.
(4) If the office of the President of the Court of appeal is vacant, or if the person holding the office is for any
reason unable to perform the functions of the office, then until a person has been appointed to and has assumed
the functions of that office, or until the person holding the office has resumed those functions, the President shall
appoint the most senior Justice of the Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of
subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such
appointment, and the President shall not re-appoint a person whose appointment has lapsed.
239. (1) Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other
court of Law in Nigeria, have original jurisdiction to hear and determine any question as to whether (a) any person has been validity elected to the office of President or Vice-President under this Constitution; or
(b) the term of office of the President or Vice-President has ceased; or
(c) the office of President or Vice-President has become vacant.
(2) In the hearing and determine of an election petition under paragraph (a) of subsection (1) of this section, the
Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court Appeal.
240. Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of
any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the High Court of
the Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of the Federal Capital
Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of Appeal of a state and from decisions of a
court martial or other tribunals as may be prescribed by an Act of the National Assembly.
241. (1) An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as
of right in the following cases (a) final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at
first instance;
(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;
(c) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this
Constitution;