Court of Appeal Can Hear All Appeal from NIC – Supreme Court

The Supreme Court this morning in SC/ 885/14 Skye Bank plc v.
Ananem held that the court of Appeal has the jurisdiction to hear
all Appeal’s from the National industrial Court, that there is no
constitutional provision divesting the court of Appeal of
jurisdiction to hear all appeals from the national industrial Court
and that the right of appeal is not limited to fundamental human
rights cases.

The lead judgement was read by Hon Justice Chime Centus
Nweze

The court formulated one issue for determination
thus:

Whether the court of appeal as an appellate court stated by the
1999 constitution of the FRN as amended has the jurisdiction to the
exclusion of any other court in Nigeria to hear and determine
appeals arising from the decision of the National Industrial Court
of Nigeria.

The learned Justice who summarized the Judgement gave the
following conclusions as reason for the judgment
a) that the court of appeal has the jurisdiction to the exclusion
of any other court in Nigeria to hear and determine all decision
arising from the National Industrial Court

b) No provision expressly divested the Court of Appeal with the
appellate jurisdiction over all decision on civil matters emanating
from the decision of the National Industrial Court

The court stated that this shall be its opinion and will be
referred to the Court of Appeal Lagos Division where the appeal
emanated from for the determination of the matter before it.

Nonetheless, Justice Dattijo JSC while reading his judgement
held that for issues relating to fundamental human rights and
criminal cases, the right is unfettered but for all other matters
the appeal has to be by leave to the court of appeal.

More Details Later

The Supreme Court this morning in SC/ 885/14 Skye Bank plc v.
Ananem held that the court of Appeal has the jurisdiction to hear
all Appeal’s from the National industrial Court, that there is no
constitutional provision divesting the court of Appeal of
jurisdiction to hear all appeals from the national industrial Court
and that the right of appeal is not limited to fundamental human
rights cases.

The lead judgement was read by Hon Justice Chime Centus
Nweze

The court formulated one issue for determination
thus:

Whether the court of appeal as an appellate court stated by the
1999 constitution of the FRN as amended has the jurisdiction to the
exclusion of any other court in Nigeria to hear and determine
appeals arising from the decision of the National Industrial Court
of Nigeria.

The learned Justice who summarized the Judgement gave the
following conclusions as reason for the judgment
a) that the court of appeal has the jurisdiction to the exclusion
of any other court in Nigeria to hear and determine all decision
arising from the National Industrial Court

b) No provision expressly divested the Court of Appeal with the
appellate jurisdiction over all decision on civil matters emanating
from the decision of the National Industrial Court

The court stated that this shall be its opinion and will be
referred to the Court of Appeal Lagos Division where the appeal
emanated from for the determination of the matter before it.

Nonetheless, Justice Dattijo JSC while reading his judgement
held that for issues relating to fundamental human rights and
criminal cases, the right is unfettered but for all other matters
the appeal has to be by leave to the court of appeal.

More Details Later