Section 260-264 of the Nigerian Constitution 1999

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

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.

SEE ALSO  Chapter IV (The Executive): Section 130-152 of the Nigerian Constitution 1999

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.

SEE ALSO  Section 71-79 of the Nigerian Constitution 1999

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.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

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Inioluwa Olaposi

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