foreign [Music] we shall discuss the jurisdiction of the Courts of appeal we shall discuss the jurisdiction of the god of appeal and you remember in our previous lecture mentioned that the superior parts of judicature as indicated under article 126 of the Constitution the superior court of judicator shall comprise the Supreme Court the court of appeal the high courts and the original tribunals now we are saying the court of appeal forms part of the Superior part of judicature the question is that what is the jurisdiction of the Courts of appeal now you also notice that we have already explained in our previous lecture what amounts to original jurisdiction we see original jurisdiction as the jurisdiction a court has to entertain cause of matter at first instance if the court has a jurisdiction to detain a cause of matter at first instance we see the court has original jurisdiction but in discussing the jurisdiction of the court of appeal it is important to mention right from the outsets that the court of appeal has no original jurisdiction the court of appeal has no original jurisdiction only has appellate jurisdiction it means that the court of appeal does not have that kind of jurisdiction where you go there at first as a part of first instance in any cause of matter if you have to go to the court of appeal for any matter it means that you'll be going there invoking its appellate jurisdiction it means that a case would have already been determined either the high pots and then you appeal to the court of appeal or you have a case and the second course in a civil matter and then you appeal to the court of appeal that is when you can invoke the appellate jurisdiction of the court of appeal the court of appeal has no original jurisdiction to entertain a cause or mother Affairs instance it only has appellate jurisdiction it means that you must have gone before another Court the matter must have been determined and then you appeal against that to the court of appeal remember also for language purposes that the description of the court is not appeal quotes it is rather quotes of abuse the Constitution described the court as the courts of appeal and not appeal hurts there's only one court of appeal in our constitution and is that mentioned under Article 1 26 of the Constitution so in the port of appeal and we do not say appeal quotes the brother convention when you see a few quotes and appeal court could be even the high courts because when you go to the district courts in the criminal matter and then you appeal against that decision on the district court you appeal to the high courts in that instance the high court will be acting as the happiness courts in that criminal matter in the same way if you are dissatisfied with the decision of the court of appeal and article 131 we are told that you can appeal to the Supreme Court in that instant the Supreme Court will be acting as the Appellate Court so if it is acting as the application it is going to be an appeal put in that instance So when you say appeal quote which is the Superior part of the dictator that is directly below so there's only one court of appeal as mentioned under article 126 of the Constitution and like I mentioned the court of appeal has more original jurisdiction it only has Apple's jurisdiction what then is the jurisdiction of this economy Now by way of an overview the court of appeal as established under article one two six of the Constitution it has the rotation for hearing Appeals from governments decree or others of the high courts Regional tribunals or any other appellate jurisdiction as may be conferred on its by the Constitution or any other law that is what you have under article 137 of the Constitution he says the jurisdiction of the court of appeal shall be that they shall hear Appeals from that means decree or others of the high courts Regional tribunals or any other appellate jurisdiction as may be conferred by the Constitution or any other law and what this means is that under article 137 of the Constitution we are told that if there's any judgments dream or other from the high pot and you are not happy with it you appeal to the god of our people if there's any judgment order degree of a regular typing now and you're not happy with it you appeal to the court of appeal that is the jurisdiction of the court of appeal that has been conferred under article 137 of the 1992 constitution of Ghana we are told that this and here appeals from judgments decree or others of the high courts who is not typing us or any other application as they be conferred by the Constitution or any other law now take note of the second aspects or any other appellate jurisdiction as may be conveyed by the Constitution or any other law it means that there can be another law that would have confessed an appellate jurisdiction on the court of appeal and in Ghana actually we have the court Act of 1993 at 459. 4th act 1993 at 159 while parliament of Ghana has passed alone must confessed some happiness civilization on the court of appeal to soon get there you realize that if you look at section 44 and section 11 4 of the Court accessing 11 chapter 24 of the Court's Act of 1993 and 1259 you will see over there that when there are civil cases civil cases conducted at the circuit courts even though the second court is a lower Port if you conduct a civil case at the circuit court on the strength of section 44 of the Court Acts in such a simple matter you are peel straight to the court of appeal so that is another happiness jurisdiction that has been conferred on the court of approach that we shall discuss we shall also discuss that if you are appealing against any teleporary orders of the circuit courts you are in the circuit court and they make some interlocutory orders those interlocutory orders too you shall appeal don't interlocutory orders to the court of appeal and then also we have mentioned that there's the that and that's the 99 of the Constitution and that's called 99 of the Constitution when you have any parliamentary election petition by the dictators of article 99 of the Constitution the course that has jurisdiction in the high courts now when you are satisfied with the decision of the high courts we appeal to the court of appeal and the authority of every Wednesday constituency zacharya and the Makai zacharya reported in 2003 2004 one supreme court today in your appealing against an election petition in a parliamentary election petition the final part of appeal in such an instance is the Cordova people if you are appealing against a decision in the opinion against a decision in the Parliamentary election petition when you appeal to the economy and you lose you do not have any federal rights to go to the Supreme Court the court of appeal is the Final Cut of appeal in parliamentary election petitions and I refer you to article 99 of the 992 Constitution one so let's move ahead now so these are the various jurisdictions of the code of above we shall look at that's what I'm provided for and ask for 137 the court acts and also in in respect of parliamentary election petitions so the first part under article 137 of the Constitution of Ghana now Article 1 37 of the Constitution of Ghana it reads as follows and I quotes the court of abuse I have jurisdiction throughout Ghana to hear and determine subject to the probations of this constitution appears for measurement degree or order of the high courts and will not tribunals and such other appellate jurisdiction as may be confirmed on Earth by this constitution or any other logo this is already that they shall have civilization throughout Ghana to hear and determine subject to the provisions of this constitution abused from a government degree or order of the high courts and Regional tribunals and some other application as they become Fair on it by this constitution or any other law so the point you should even contemplate that there can be some other application that may be conferred on the god of appeal by any other law now also if you look at the 137 Plus 2. of the Constitution it says that except as otherwise provided in this constitution right as a right from a judgment degree or order of the high court and a regional tribunal to the court of appeal and abuse our life as a right for my judgment degree or mother of the high courts and a reasonable time belongs to the god of our people what does this mean it means that if we are appealing against a decision foreign of the high court before you appeal we describe it as Leaf you don't need to go and seek the leaf of the high court before appealing against a decision you don't need to get the permission of the part of appeal before appealing to the call of appeal the appeal shall align us on right so when you lose the case and the department or decree of the high court or a reasonable should I do now please an appeal shall align us right to the court of appeal and the Authority for this section article 137 plus two the 1992 constitution of Ghana so this is one jurisdiction that has been confirmed on the court of appeal that is appeals from decisions of the high courts Regional tribunal to the court of appeal and you will see that under Africa 137 of the Constitution the next jurisdiction we shall look at is that if you also have a civil matter at the circuit courts and you are you want to appeal against that civil decision that decision given in a civil matter please you do not appeal to the high court do in fact don't even appeal to the high court if you have a civil matter and your appealing to against a second Court decision please you do not appeal to the high court look at section 44. 1 of the Court act 1993 as 459. section 44 South section one of the courts act 1993 as 459. this is what it says and I quotes a person agreed by a judgment of a circuit court in a civil action agreed by a government of a circuit court and a civil action main subject to this act and the rules of God appeal to the court of appeal a person agreed by a judgment of a circuit court in a civil action May subject to this act and the roots of course appeal to the court of appeal what does this mean it means that now if you go to the Circuit Court in a civil action and there's a decision order or decree and you want to appeal against this please you do not appeal to the high court under Section 44 chapter 1 you are feel straight to the Supreme Court to the court of appeal sorry into the civil action in a circuit court and you have to appeal against it you abuse straight to the court of appeal another section 44 subsection one of the horse acts 1993 as 459. but you see the reason I have to emphasize this because if you look at 1644 subsection two of the Court fact it tells you that a person agreed by a judgment of a circuit because in a criminal trial criminal trial you've been subject to this act the use of course appeal to the high court so there's a distinction there's a distinction done between appearing against criminal cases conducted at the circuit courts and civil actions conducted at the circuit court and with the civil action and you appearing you appeal straight to the court of appeal but the criminal action please you don't go to the court of appeal you go to the high court so we don't understand this to me that whenever you go to the second spot and you are satisfied with an order to go straight it depends on whether the action is the simple action with the criminal action because of a civil action section 44 subsection one of the Court's Acts 1993 as 459 says that if you are delivered by a judgment of executive courts in a civil action you are appealed to the court of appeal this same profession has been re-emphasized under Section in the building subsection floor of the courts act 1993 as 459. that a person agreed by a judgment of a circuit but in a civil course of matter you may appeal against the judgment to the court of appeal you may appeal I believe that that went through the court overview so we've seen two jurisdiction so far the court of appeal we have seen as we saw under article 157 but an appeal shall lie as a right from a judgment order or degree of the high courts and middle tribunals that is one now you have seen that it is a civil action in the second Court when you are appealing he also appealed to the court of appeal now the next point I want to block your attention in this there are times when the second thoughts may give an interlocutory order if the second chord gives an internal country order and you want to appeal against the second will give an internal country order which you want to appeal against if you want to appeal against that interlocutory order then section 11. 75 on the court Acts 193 as 45 men say that you don't appeal as a right to the court about him he's saying that you must if it's an internal country order and you want to appeal against it you must respect people and seek the leaf of the Sacred Heart some of the circuits sacred pots they have given this interlocutory order I want to appeal against it to the court of appeal so please grants me the leaf grant me the permission so that I can appeal against it if the second Squad refuses then you may now go to the corner of you and also repeat the application over there so look at verse 11. some question five on the first hand 1993 at 459 he says a person agreed by an interlocutory order or decision made or given by a circuit court you may appeal to the court of appeal I gave the order on decision with the lead on the second spot with the leave of the second squads with the leave of the circuit court and Upon A refusalem with the leave of the court of appeal so you see that is why when we look at article 137 plus two we said that as command 37 Club who says that when you're appealing against a judgment or other on the high court it's allowance of Rights and over there we explain that to me that you don't need to seek anybody's permission before you launch that particular appeal but if you are appealing against an interlocutory order given by the circuit courts that's why we are we are told under session 11 Section 5 that if the circuit court is an interlocutory order and you want to appeal against it you may first seek the leaf of the circuit courts and upon a refusal you you'll see the leaf of the court of appeal and this is another section 11 substitution five or the fourth Act of 1993 at 459. now whatever you found any appeal whether it's against an interlocutory decision of the second spot to the court of Abu or you found an appeal against a decision of the high court of the court of appeal with that because something conditions of abuse so if local station 8 of the Court's Act 1993 at 459 it says the court of appeal shall not entertain an appeal unless the applicant has fulfilled the conditions described in that behalf by the use of Courts so even though he may appear against the decision it doesn't mean automatically the court of appeals are entertainment View they are told and assisted living sanction 8 of the Court's Act 1993 please of course the next jurisdiction of the court of appeal we shall look at is that we say the court of appeal as established under article 126 of the Constitution they have said that is the final court of appeal in parliamentary election petitions in the final court of appeal in parliamentary election petitions and what do you mean by this this is very interesting so let us go to a step-by-step approach to explain why if a person goes to bed high quality use in the Parliamentary election petition and you go to the court of appeal let us let us go to a step-by-step approach to see why the court of appeals are the final part of our view in that matter so article 99 of the Constitution of Ghana provides as follows the high question will have jurisdiction to hear and determine any question whether a person I've been probably elected as a member of Parliament or the seats of a member has become victims so article 99 was won for the next night two Constitution says as soon as and I quote the high court shall have jurisdiction to hear and determine any question whether a person has already been elected as a member of Parliament or the seeds of a member has become militants or be a person has been validly elected as a speaker of Parliament or having been so elected has vacated the office of speaker this is article 99 on the 1992 Constitution that if you want to challenge the election of a member of parliament or you want a declaration of answer whether the student has become vacant the high court is where you have to go to and that's connected mine and I've looked at explosion he says a person agreed by the determination of the high courts and at this article May appeal to the court of appeal now after connecting them if any further permission that if you're not happy with the form of your decision you can go to the Supreme Court and so in this case of aim with parliamentary election for witnessing constituency that career versus the mankind reported in 2003 2004 one Supreme Court Obama reports have been one we are told but there's a Newport that because article 99 which is a specific article that deals with parliamentary election petitions because that article didn't provide for a federal rights of appeal to the Supreme Court it means that the famous of the Constitution intended that for parliamentary elections everybody should end at the court of appeal so when you read that case you get a full input of the decision but for now on the authority of every parliamentary elections constituency is a career versus reported in 2003 2004 one supreme court of Ghana law reports are paid one we are told that a person agreed by the determination of the high court in a parliamentary election position you have only a right to appeal to the court of appeal you cannot appeal to the Supreme Court that's what they are told under article 99 plus two and the case of every parliamentary election for women's constituency Zachariah reported in 2003 2004 one supreme court at page one so if you examine critically all that so far there from appeals we can call accuse us of Rights we need those abuse if we appeal against foreign [Music] and that's quantity seven when you're appearing against a decision of the high courts or original tribunal is also right you go straight to the court of appeal same thing if you're appealing against a civil action conducted at the Circuit Court you appeal straight to the corner of you but there are some appeals to that you are Accused by a leaf as we saw under session 11 start to survive the cross Acts 1993 and 459 if you are viewed by an interlocutory order or decision given by the second course that's why you must first take the need for the second thoughts and upon a refusal you go to the leaf of the hearts of appeal it means you must take permission or the second quarter Circuit Court you've given this interlocutory order I'm not happy with it I want to appeal grant me permission grant me leave so that I can appeal advances if not seek the lead you cannot appeal as of Rights against an interlocutory order of decision given by the circuit courts so this is where we found all the curtains on our letter on the jurisdiction of the court of our view remember we have mentioned that the court of appeal has the musician they didn't abuse the high court Regional tribunals under 137. mentioned that the court of appeal has jurisdiction to maintain several appeals appeals in civil cases conducted at the sacred port and we saw section 44 act 1993 at 459 you also mentioned that a court of appeal has jurisdiction in between appeals against internal country orders of the second force and that's under Section 11 subsection five of the Court's Acts and then finally we said that the court of approach shall be the final call of appeal in parliamentary election petitions and that's under article 99 of the constitution in the case of every parliamentary election for women's conscience is a career in mankind this is where we shall do the curtains from our lecture on the jurisdiction of the Court of Appeals thank you