10. Supreme Court
Federal Bench

 Section A - Federal Courts and Judges 
 
(1) The judicial power of the United States of Africa is vested in the Supreme Court of Africa and in federal district and appellate courts. Article 2 (B) (2) applies to the location of the Supreme Court.
 
(2) Federal judges shall hold office during good behavior for the specified tenure for the Supreme Court or till retirement for the lower courts as the Federal Congress of Africa will stipulate. Each judge will at stated times receive a remuneration that shall not be diminished during their tenure.

(3) The judges must be above reproach and impartial and are prohibited from accepting gifts or engaging in activities that would compromise their rulings. Each judge is required to promptly declare any conflict of interest which may arise in a matter before him or her and recuse himself or herself from that case.

(4) Candidates for federal judgeships are recommended for nomination to the Presidency by the Board on Public Integrity and confirmed by the Council of Chiefs. They must have no affiliation with a political organization and are required to maintain absolute nonpartisanship during their entire tenure on the federal bench.

Section B - Jurisdiction

The judicial power of the United States of Africa shall extend to: 

(1) All cases in law and equity arising under the African Constitution, the statutes of the United States of Africa and treaties made or which shall be made under their authority,

(2) All cases affecting ambassadors, other public ministers and consuls, to all cases of admiralty and maritime jurisdiction, 

(3) Cases to which the United States of Africa shall be a party, and

(4) Cases:

(a) Between two or more states, 

(c) Between a state and citizens of another state,

(d) Between citizens of different states,

(e) Between citizens of the same state claiming land under grant of different states, and 

(f) Between a state or the citizens thereof and foreign states, citizens or subjects.

Section C - Supreme Court

(1) The Supreme Court of Africa is the highest court of the United States of Africa. 

(2) The Supreme Court is a twelve-judge bench, one of who will serve as the chief justice. Each judge of the Supreme Court shall have one vote and will sit for a period not exceeding twelve years.

 (3) (a) The Supreme Court's jurisdiction. In all cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. 

(b) In all other cases, the Supreme Court shall have appellate jurisdiction both in law and fact with such exceptions and under such regulations as the Congress shall make.

(c) At its discretion and within guidelines to be established by the Federal Congress, the Supreme Court each year hears a select number of the cases it is asked to decide. Those cases may begin in the federal or state courts and usually involve important questions on the African Constitution or federal statutes.

Section D - District Courts

(1) The district courts of the United States of Africa are the trial courts of the federal judicial system. 

(2) Within limits set by the African Constitution and the Federal Congress, the federal district courts have jurisdiction to hear nearly all categories of federal cases on both civil and criminal matters. There is at least one federal district court in each state and the District of Lumumba. Each judicial district includes a federal bankruptcy court as a unit of the district court.

(3) There are two special trial courts that have nationwide jurisdiction over certain types of cases:

(a) The Court of Overseas Trade hears and decides cases involving international trade and customs, and

(b) The Court of Federal Claims has jurisdiction over most claims for monetary damages against the United States of Africa, disputes over federal contracts, unlawful taking of private property by the federal government and a variety of other claims against the United States of Africa.

Section E - Appellate Courts

(1) The  judicial districts are organized into regional circuits, each of which has a federal court of appeals. A court of appeals hears appeals from the federal district courts located within its circuit as well as appeals from decisions of federal administrative agencies. 

(2) In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction over appeals in such specialized cases as those involving patent law and cases decided by the Court of International Trade and the Court of Federal Claims.

Section F - Rules for Trials

With the exception of impeachments, criminal trials shall be by jury and are to be held in the state where crimes are alleged to have been committed. When a crime was not committed within any state, the trial shall be at such place or places as the Federal Congress may by law have directed.

Section G - Treason

(1) Treason against the United States of Africa shall consist in levying war against them or in adhering to their enemies, giving them aid and comfort and conspiring to overthrow the government of Africa. No person shall be convicted of treason unless on the testimony of two witnesses to the same act or on free confession in open court.

(2) Punishment for treason. The Congress shall have power to declare the punishment for treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attained.

Section H - Special High Court

(1) The Federal Congress of Africa may from time to time provide for a Special Supreme Court to try any case on the docket of the Supreme Court of Africa in respect to which a majority of the justices are so situated as to render it improper for them to hear the case before them and impossible to dispose of it appropriately. 

(2) A Special Supreme Court shall be composed of circuit court judges numerically equivalent to the number of justices who cannot hear a case on the Supreme Court docket.