Annotated alteration evidence — page 196

[Section 294(4) (4) For the purpose of delivering its decision under this section, the is altered by the Supreme Court, or the Court of Appeal or the National Industrial Constitution of Federal Republic Court, shall be deemed to be duly constituted if at least one of Nigeria (Third member of that court sits for that purpose. Alteration Act) 2010] (5) The decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance with the provisions of subsection (1) of this section, unless the court exercising jurisdiction by way of appeal or review of that decision is satisfied that the party complaining has suffered a miscarriage of justice by reason thereof. (6) As soon as possible after hearing and deciding any case in which it has been determined or observed that there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting of the court shall send a report on the case to the Chairman of the National Judicial Council who shall keep the Council informed of such action as the Council may deem fit. 295. Reference of questions of law [Section 295(1), (1) (1) Where any question as to the interpretation or application of (b) and (2) are altered this Constitution arises in any proceedings in any court of law in by the Constitution any part of Nigeria (other than in the Supreme Court, the Court of Federal Republic of Nigeria (Third of Appeal, the Federal High Court or the National Industrial Court Alteration Act) 2010] or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or the National Industrial Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the National Industrial Court or the High Court shall - (a) if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or (b) if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the National Industrial Court or the High Court may think fit to give. 190 The Constitution of the Federal Republic of Nigeria Updated with the First, Second , Third and Fourth Alterations