COURT OF APPEAL ACT

Section 19: Determination of appeal

1976Section 19 of 31Federal Republic of Nigeria

(1) The Court of Appeal on any appeal under this part of this Act against conviction or against an order of acquittal, discharge or dismissal, shall allow the appeal if it thinks that the verdict should be set aside on the ground that it is unreasonable or cannot be supported having regard to the
evidence, or that the judgment of the couft below should be set aside on the ground of a wrong decision on any question of Law or that on any ground there was a miscarriage of justice and in any other case, the court of Appeal shall, subject to the Provisions of subsection (3) of this section and section 20 of this Act, dismiss the appeal:
Provided that the court ofAppeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occured.
(2) Subject to the provisions of this Act, the Court of Appeal shall, if it allows an appeal againstconviction, quash the conviction and direct a judgment and verdict of aquittal to be entered or order the appellant to be re-tried by a court of competent jurisdiction.
(3) On an appeal against sentence or, subject to the provisions of this Act or on an appeal against conviction, the court of Appeal shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed, and if not of that opinion shall, in the case of an appeal against sentence, dismiss the appeal.
(4) Subject to the provisions of this Act, the Court of Appeal shall, if it allows an appeal against acquital, discharge or dismissal, direct a judgment and verdict ofconviction to be entered and pass such sentences as the court below could have passed, or order the appellant to be re-tried by a court of compentent jurisdiction.

Cite this section

Section 19, COURT OF APPEAL ACT (1976).

https://repo.podus.ai/laws/court-of-appeal-act/section/19/