Constitllfion of the Federal Republic of Nigeria (Second Alteration) Act
2011 No. 2
A 17
ORIGINAL J URISDICTJON
7. Section 25 of the First Alteration Act and section 239 of the
Constitution are substituted for the following new section"( I ) Subject to the provisions of this Constitution, the Court of Appeal
shaH, 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 validly elected to the office of President or
Vice-President under this Constitution ; or
Substitution
for section
25 of the
Alteration
Act and
section 239
of the
Constitution.
(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 determination 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 of Appeal.
APPEAL FROM CODE OF CONDUCT TRIBUNAL AND OTHER COURTS AND TRIBUNALS
8. Section 26 of the First Alteration Act and section 246 of the
Constitution are substituted for the following new section-
\
"( 1) An appeal to the Court of Appeal shall lie as of right from-
I·~
( a) decisions of the Code of Conduct Tribunal established in the Fifth
Schedule to this Constitution ;
(b) decisions of the National and State Houses of Assembly Election
Tribunals ; and
(c) decisions of the Governorship Election Tribunals,on any question as
to whether(i) any person has been validly elected as a member of the National
Assembly or of a House of Assembly 1Df a State under this Constitution,
(ii) any person has been validly elected to the office of a Governor or
Deputy Governor, or
(iii) the term of office of any person has ceased or the seat of any
such person has become vacant.
(2) The National Assembly may confer jurisdiction upon the Court of
Appeal to hear and determine appeals from any decision of any other court of
law or tribunal established by the National Assembly.
f .
Substitution
for section
246 of the
Constitution
and Section
26 of the
First
Alteration
Act.