LOCAL GOVERNMENT SERVICE COMMISSION EKITI STATE & ANOR v. MR. M. K. BAMISAYE
(2014)LCN/6902(CA)
RATIO
APPEAL: WHETHER COURT OF APPEAL CANNOT EXERCISE APPELLATE JURISDICTION OVER THE NATIONAL INDUSTRIAL COURT.
The Court of Appeal is a creation of the Constitution. Accordingly, it is the Constitution that defines and determines its jurisdiction over subject matters. The appellate jurisdiction of the court is principally set out in section 240 of the Constitution of the Federal Republic of Nigeria (as amended).
The combined reading of section 9 of the National Industrial Court Act, 2006 and section 243 (2) and (3) of the constitution is to the effect, that; appeal shall lie as of right in matters relating to questions of fundamental rights from the decision of National Industrial Court to the Court of Appeal while in other cases; appeal from the decision of the National Industrial Court to the Court of Appeal can only lie if such is prescribed by an Act of National Assembly or Law, in which case the appeal shall be with leave of the Court of Appeal.
I will be emphatic on the apparent, which is that there is no Act of National Assembly that has prescribed the right of appeal that shall lie from the decision of the National Industrial Court to the Court of Appeal as particularly provided for by section 243 (3) of the constitution (as amended).
The Court of Appeal, being a superior court is deemed to have jurisdiction in respect of all matters except otherwise specifically provided. See: Oloba v. Akereja (1988) 7 SC (Pt.1) 1 at 32; Oputa J.S.C. (as he then was) stated thus: “The Customary Court Grade 1 is an inferior court… As far as a superior court is concerned, the reverse is the case. Nothing shall be intended to be out of the jurisdiction of a superior court but that which specifically appears to be so”.
For an Appellate Court to be stripped of its jurisdiction therefore, it must be by express provision of the law and not by necessary implications. Per UCHECHUKWU ONYEMENAM, J.C.A
