APPEAL – APPEAL TO THE SUPREME COURT – Position of the law as regards appeals to the Supreme Court


“By Section 233(6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) any right of appeal to the Supreme Court from the decisions of the Court of Appeal conferred by Section 233 of the Constitution shall subject to Section 236 of the Constitution, be exercised in accordance with any Act of the National Assembly and Rules of Court for the time being in force regulating the powers, practice and procedure of the Supreme Court. The Supreme Court Act is an Act of the National Assembly by extant provisions of the law. Under Part VI of the Supreme Court Act dealing with “procedure”, Section 27(1) and (2) of the Act provides as follows: 27(1) “Where a person desires to appeal to the Supreme Court he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by rules of Court within the period prescribed by Subsection (2) of this Section that is applicable to the case. ” 27(2) “in an appeal in a civil case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision.” Per MARY UKAEGO PETER-ODILI, JSC in BRONWEN ENERGY TRADING LTD. v. OAN OVERSEAS AGENCY (NIG) LTD & ORS (2022-LCER-46529-SC) (Pp 41 – 42; Paras E – E)

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