Section 265 to 269 of the Nigerian Constitution 1999
Section 265-269 of the Nigerian Constitution 1999 is under F (The Customary Court of Appeal of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 265 of the Nigerian Constitution 1999
Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja
(1) There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.
(2) The Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of –
(a) a President of the Customary Court of Appeal; and
(b) such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the National
Assembly.
Section 266 of the Nigerian Constitution 1999
Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja
(1) The appointment of a person to the office of the President of the Customary 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 the confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made by the
President on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person shall not
be qualified to hold the office of President or a Judge of the Customary Court of Appeal of the Federal Capital
Territory, Abuja, unless –
(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and, in the
opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary
law; or
(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice
of Customary law.
(4) If the office of the President of the Customary 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 assumed the
functions of that office, or until the person holding the office has resumed those functions, the President shall
appoint the next most senior Judge of the Customary 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 no re-appoint a person whose appointment has lapsed.
Section 267 of the Nigerian Constitution 1999
Jurisdiction
The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other
jurisdiction as may be conferred upon by an Act of The National Assembly Exercise such appellate and supervisory
jurisdiction in civil proceedings involving questions of Customary law.
Section 268 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 Customary Court of Appeal shall be duly constituted if it consists of at least three Judges of that
Court.
Section 269 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any Act of the National Assembly, the President of the Customary Court of Appeal
of the Federal Capital Territory, Abuja, may make rules for regulating the practice and procedure of the Customary
Court of Appeal of the Federal Capital Territory, Abuja.
