RIGHT OF APPEAL- INSTANCES WHEN THE EXERCISE OF THE RIGHT TO APPEAL AGAINST THE DECISION OF THE NATIONAL INDUSTRIAL COURT CAN LIE AS OF RIGHT AND WITH THE LEAVE OF COURT
“In the present case what the appellant seeks to achieve is with respect to the limited right of appeal created by sections 243(2) and (3) and 254(c) 1999 Constitution. The poser in the originating summons was answered by the Supreme Court in two cases decided in 2017. The first case is Skye Bank Plc v. Iwu (2017) 16 NWLR (pt.1590) 24 at 105 – 106 where the Supreme Court sitting as a Full Court held in the land-mark judgment prepared byNweze, J.S.C., (concurred in by Peter-Odili, Muhammad, Ogunbiyi, Kekere-Ekun and Eko, J.S.C. with Aka’ahs J.S.C. dissenting) thus –
In all, then, on a holistic interpretation of sections 240 and 243(1) of the 1999 Constitution, appeals lie from the trial court to the lower court that is all decisions of the trial court are appealable to the lower court as of right in criminal matters, (section 254(c) (5) and (6)) and fundamental rights cases, (section 243(2)); and with the leave of the lower court (Court of Appeal) in all other civil matters where the trial court has exercised its jurisdiction, section 240 read conjunctively with section 243(1) and 14″
Then in the second case of Coca-Cola Nigeria Limited and Ors. v. Mrs. Titilayo Akinsanya (2017) 17 NWLR (pt.1593) 75 at 122, the Full Court (comprising Peter-Odili, Muhammad, Ogunbiyi, Aka’ahs, Kekere-Ekun, Nweze and Eko J.S.C.) held in the lead judgment prepared by Eko. J.S.C. (with unanimous approval) inter alia that:
The right to appeal as of right, against the decision of the National Industrial Court on question of fundamental rights as contained in Chapter IV of the Constitution in relation to matters upon which the National Industrial Court has jurisdiction is retained in section 243(2) of the Constitution. Subsection (3) thereof also does not abrogate the right of appeal. The provision to the subsection merely makes the exercise of the right of appeal in any matter other than questions of fundamental right subject to the leave of the Court of Appeal first sought and obtained. Over such matters, the right of appeal is not as of right but upon leave of the Court of Appeal first sought and granted”.
PER J. S. IKYEGH, JCA in OLUMIDE BABALOLA Vs ATTORNEY GENERAL, FEDERATION & ANOR LER CA/L/42/2016 https://legalpediaonline.com/olumide-babalola-vs-attorney-general-federation-anor/
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