- , as may be prescribed by an Act of the National Assembly. Section 238(2) of the same Constitution provides that “the appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council”. The Court of Appeal is ordinarily established to hear and determine appeals from the Federal High Court, etc; by virtue of Section 240 of the Constitution. The exception to its being exclusively an appellate Court is provided in Section 239 of the Constitution by which it is constituted to “have original jurisdiction to hear and determine any questions as to whether any person has been validly elected to the office of President or Vice-President” and/or whether such offices have ceased or become vacant. 21