Section 260 to 264 of the Nigerian Constitution 1999
Section 260-264 of the Nigerian Constitution 1999 is under E (The Sharia Court of Appeal of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 260 of the Nigerian Constitution 1999
Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
(1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.
(2) The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of –
(a) a Grand Kadi of the Sharia Court of Appeal. and
(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National Assembly.
Section 261 of the Nigerian Constitution 1999
Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
(1) The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council,
subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be made by the President
on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja unless –
(a) he is a legal practitioner in Nigeria and has so qualified for a period of not less than ten years and has obtained a
recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; or
(b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the
National Judicial Council and has held the qualification for a period of not less than twelve years; and
(i) he either has considerable experience in the Practice of Islamic law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grand Kadi of the Sharia Court of Appeal is vacant or if the person holding the office is for
any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed
the functions of that office or until the person holding the office has resumed those functions, the President shall
appoint the most senior Kadi of the Sharia Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of
subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such
appointment and the President shall not re-appoint a person whose appointment has lapsed.
Section 262 of the Nigerian Constitution 1999
Jurisdiction
(1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an
Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving
questions of Islamic personal law.
(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide –
(a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a
question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and
relating to family relationship or the guardianship of an infant;
(b) where all the parties to the proceeding are Muslims, any question of Islamic personal law regarding a marriage,
including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the
guardianship of an infant;
(c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator
or deceased person is a Muslim;
(d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim
or the maintenance or the guardianship of a Muslim who is physically or mentally infirm; or
(e) where all the parties to the proceedings, being Muslims, have requested the court that hears the case in the first
instance to determine that case in accordance with Islamic personal law, any other question.
Section 263 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National
Assembly, the Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis of that Court.
Section 264 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any Act of the National Assembly, the Grand Kadi of the Sharia Court of Appeal of
the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja.
