These two topic words ( ‘Appellate Court’ and ‘Court of Appeal’) are usually used interchangeably by confusing their meanings and applications.Apart from the fact that both refer to a court of law, they also have one thing in common- ‘appeal’. What then is an appeal. An appeal is a matter brought before a higher court from a lower court in order for the higher court to look into the decision of the lower court on the matter. Thus, both an appellate court and the Court of Appeal hear appeals from lower courts(to appreciate this topic the more, see my post on the hierarchy of courts).
APPELLATE COURT
An appellate court is a court that sits on appeal in a particular case brought before it from a lower court. When an appellate court hears an appeal against the decision of a lower court, it either upholds/affirms or reverses the decision of the lower court. A Magistrate court sitting on appeal on a case brought before it from a customary court is an appellate court as far as the case is concerned. Likewise, a High Court sitting on appeal on a matter brought to it from a Magistrate Court. In effect, there is no particular court named/called an appellate court by the law.
COURT OF APPEAL
The Court of Appeal is the second highest court in Nigeria. In other words, the Court of appeal is the court ranking next to the Supreme Court in the hierarchical pyramids of courts. The Court of Appeal is a creation of the Constitution( Section 237 of the Constitution of the Federal Republic of Nigeria (as amended), 1999. An appeal from the Court of appeal goes to the Supreme Court( the highest court in Nigeria). The Court of appeal also hears appeal from High Courts, Tribunals and some special courts. In other words, the Court of Appeal is also an appellate court. Thus, while the Court of Appeal is a particular court named as such, it is also an appellate court.
CONCLUSION
I will further clarify the difference with three illustrative scenarios.
First scenario- I claimed that you are owing me the sum of N50,000. I took the matter to the Magistrate court to recover the acclaimed debt. I could not prove my case at the Magistrate Court, so the case was decided in your favour(that is, you won). Aggrieved, I took the matter further on appeal to the High court… At this stage, while the Magistrate court is the first court to hear my matter(otherwise known as court of first instance), the High Court is an appellate court. Why? Because, it sat on appeal on my case against you. So, we say the High court is an appellate court, not a Court of appeal.
Second scenario- On appeal to the High Court, the High Court decides in my favour(that is, I won), thus ordering you to pay me the sum claimed. You felt aggrieved and appealed to the Court of Appeal against the High court’s decision… At this stage, the Court of Appeal( being the second highest court) is an appellate court because it sat on appeal on the decision of the High Court. Thus, it is both the Court of Appeal as well as an appellate court.
Third scenario- The Court of Appeal upholds(agrees with) the decision of the High Court and ordered you to pay me the sum claimed. You appealed to the Supreme Court against the decision of the Court of Appeal… The Supreme Court, apart from being the highest court is also an appellate court in this scenario.
From the three scenarios, the High Court, the Court of Appeal and the Supreme Court all acted as appellate courts.While the Court of Appeal is the second in rank in the hierarchy of courts, it is also an appellate court. The High Court can never be the Court of Appeal but it can be an appellate court.
Questions, suggestions and contributions are highly welcome. Please, check out the meanings of the words in bold in my Mini Law Dictionary.
You would also like to read JaynnoraStaples and JayFashion.
THE PRINCIPLES OF JURISDICTION OF COURTS IN NIGERIA
INTRODUCTION
Jurisdiction is the legal power or authority a court has to hear/entertain a case brought before it. Before a court can rule or determine a case, it will ensure that the subject matter of the case is one which it has the power to hear and determine upon.
Let me give you a scenario, you are a private school proprietor, you employ me as the Vice-proprietor. As the Vice-proprietor, I have been vested with these specific authorities- to teach, to collect school fees from students, to draft the school time-table and to organize/manage the students and teachers. A parent came to my office pleading for a reduction in the sum her child pays as school fees on ground of not being financially bouyant. The question is- do I have the power to increase/decrease the amount paid as school fees? If yes, I will go ahead to consider if the school can afford a reduction in the amount paid as school fees before actually exercising my power. If no, I will politely tell the parent that it is not within my jurisdiction/authority/power to increase or lower the amount paid as fees. As such, I will refer the parent to you, the proprietor.
The above scenario applies to courts in the exercise of their jurisdictions. See Oduko v. Governor, Ebonyi State (2009) 9 NWLR (Pt. 1147) P. 441 @ 452
THE EFFECT OF LACK OF JURISDICTION
Where a court rules or decides on a matter brought before it, it invariably means that it has jurisdiction to hear a case of such nature. Thus, what is the legal implication/effect where a court decides on a matter it lacks jurisdiction to hear? Below are the effects:
- Such court embarks on a futile mission, this means that the entire proceedings amount to a nullity.
- The court acted ultra vires
- the judgment of the court on the matter has no foundation on which it can stand.
- The judgment stands to be overruled on appeal by a higher court.
THE REACTION OF COURTS TO THE ISSUE OF JURISDICTION
Courts take the issue of jurisdiction very sensitively. Once a party raises an objection on ground that the matter before the court is outside its jurisdiction, the court must halt every other business in the matter to determine whether or not it has jurisdiction to hear the said case before it. The issue of jurisdiction is sacrosanct and cannot be neglected by a court. Where a court finds out that it has no jurisdiction to hear the case before it, the appropriate order it makes is that of striking out the case. In other words, the court quickly washes its hands off the case saying- I cannot hear this case because I have no power/authority/jurisdiction to do so, take this case away from my court to the appropriate court with jurisdiction to hear and determine the subject of this matter.
THE FATE OF A CASE STRUCK OUT FOR LACK OF JURISDICTION
Where your case is struck out by a court on ground of jurisdiction, that is the end of the case before that very court. But fortunately, you can still take your case to the right/appropriate court. Unfortunately however, you stand a chance of paying a sum as cost to the other party you took to the wrong court, especially where the latter has taken steps in the matter by filling processes in response to your case against it.
WHEN CAN YOU RAISE THE ISSUE OF JURISDICTION
When can a party raise the issue of jurisdiction in court on a matter? The law says- at any stage in the course of the matter, even on appeal.
Let me illustrate this with another scenario. You sued me to the Lagos State Magistrate Court for declaration of title to a piece of land you claimed belonged to you. (Note: by the provisions of Section 28(7)(a) of the Lagos State Magistrate Court Law, 2009, a Magistrate Court has no jurisdiction to entertain any matter that raises the issue of title to land or any interest in land).
Thereafter, the Magistrate court gave judgement in your favour, I appealed to the High Court and lost again. I further appealed to the Court of Appeal. If the above provision came to my notice at the Court of Appeal, I can successfully raise the issue of jurisdiction at the court of appeal on the authority of the above provision (Section 28(7)(a)).
The effect of this is that every business done on the matter right from the Magistrates' Court to the High Court to the Court of Appeal amounts to a nullity and thus goes to no issue. Hence, it has no foundation and so it must crumble into the dust.
What this means is that you have to start all over, and this time, you have to take your matter to the High Court as the first and appropriate court of law to hear and determine cases bordering on title to land, not to the Magistrates'Court, as wrongly done.
Please check up the meaning of the words in bold in the Mini Law Dictionary.
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