Right of Appeal and Cause of Justice

The right to appeal against the decision of a court is not contained in any of the sections of the Constitution on fundamental rights , but has been described as a fundamental right nonetheless . Recently, the Supreme Court of Nigeria examined the provisions of the Constitution on the right of appeal, in Virgin Atlantic Airways v. Mrs. Francisca Pablo Amaran. The Respondent in that case challenged the competence of the Appellant’s proposed appeal on the grounds (among others) that the Appellant had no right of appeal against a garnishee order nisi, being an order made upon the hearing of a motion ex parte. The Respondent relied for this contention on the provision of Section 14 (1) of the Court of Appeal Act which provides that: