Opinion: The Supreme Court Also Sits As A High Court!, By Femi Falana
, the powers conferred on both the Supreme Court and the Court of Appeal to rehear cases like courts of first instance are also illegal and void, since sections 233 and 240 of the Constitution have limited the powers of both appellate courts to hear and determine appeals from lower courts.Ude Jones Udeogu v Federal Republic of Nigeria
“…shall have full jurisdiction over the whole proceedings as if the proceedings had been instituted and prosecuted in the Supreme Court as a court of first instance and may rehear the case in whole or in part or may remit it to the court below for the purpose of such rehearing or may give such other directions as to the manner in which the court below shall deal with the case in accordance with the powers of that court.
As the Constitution has limited the powers of the appellate courts to hear and determine appeals arising from the decisions of lower courts, are we to believe that the National Assembly violated the Constitution when it conferred the powers of a High Court judge on the justices of the appellate courts? In other words, can section 16 of the Court of Appeal Act and section 22 of the Supreme Court Act be said to be constitutionally valid in view of the decision of the Supreme court in the case...
It is pertinent to note that the aforementioned justices of the Court of Appeal carried out the extra-judicial duties assigned to them by state governors, pursuant to the fiats received from the president of the Court of Appeal. It is on record that at the end of such enquiries, the justices resumed duties in their courts. It is trite law that such judicial commissions of inquiry are inferior tribunals.
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