(2)
An appeal shall lie to the Supreme Court from decisions of subordinate courts in the
following cases (a)
as of right from any final decision in any civil proceedings;
(b)
as of right from any final decision in criminal proceedings whereby any
person is adjudged to pay a fine of or exceeding such amount as may be
prescribed or to be imprisoned with or without the option of a fine;
(c)
by way of case stated, from any final decision in criminal proceedings on the
ground that it is erroneous in point of law or in excess of jurisdiction; and
(d)
in such other cases as may be prescribed:
Provided that an appeal shall not lie to the Supreme Court from the decision
given by a subordinate court in any case where, under any law -
83.
(i)
an appeal lies as of right from that decision to the Court of Appeal;
(ii)
an appeal lies from that decision to the Court of Appeal with the
leave of the court that gave the decision or of some other court and
that leave has not been withheld;
(iii)
an appeal lies as of right from that decision to another subordinate
court, or
(iv)
an appeal lies from that decision to another subordinate court with
the leave of the court that gave the decision or of some other court
and that leave has not been withheld.
Original jurisdiction of Supreme Court in constitutional questions
(1)
Subject to sections 41(5), 64(5) and 101(1), where any person alleges that any
provision of this Constitution (other than Chapter II) has been contravened and that
his interests are being or are likely to be affected by such contravention, then,
without prejudice to any other action with respect to the same matter which is
lawfully available, that person may apply to the Supreme Court for a declaration
and for relief under this section.
(2)
The Supreme Court shall have jurisdiction, in any application made by any person
in pursuance of subsection (1) or in any other proceedings lawfully brought before
the court, to determine whether any provision of this Constitution (other than
Chapter II) has been contravened and to make a declaration accordingly:
Provided that the Supreme Court shall, not make a declaration in pursuance of the
jurisdiction conferred by this subsection unless it is satisfied that the interests of the
person by whom the application under subsection (1) is made or, in the case of
other proceedings before the court, a party to these proceedings, are being or are
likely to be affected.