JUDGMENT

Augustine Paul FCJ:

[1]Section 87 of the Courts of Judicature Act 1964 ("s. 87") confines the appellate jurisdiction of the Federal Court to a decision of the Court of Appeal in its appellate jurisdiction in respect of any criminal matter decided by the High Court in its original jurisdiction. Accordingly, there is no right of appeal to the Federal Court in a criminal matter that originated in the subordinate courts. Does this violate art. 121(2)(a) of the Federal Constitution ("art. 121(2)(a)") which provides that the Federal Court shall have jurisdiction to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof without any qualification? If it does, an appeal to the Federal Court will be competent as the restriction on the right of appeal will be unconstitutional. If it does not, by virtue of art. 121(2)(a) being read with art. 128(3) of the Federal Constitution ("art. 128(3)"), does it mean that a person who is dissatisfied with a decision made by the Court of Appeal in respect of a criminal matter that originated in the subordinate courts is left with no further avenue to seek redress? In such circumstances can he invoke the inher