Section 280 to 284 of the Nigerian Constitution 1999
Table of Contents
ToggleSection 280 to 284 of the Nigerian Constitution 1999 is under C (Customary Court of Appeal of a State) of Part II (State Courts) of Chapter VII (The Judicature) of the constitution.
Section 280 of the Nigerian Constitution 1999
Establishment of a Customary Court of Appeal
(1) There shall be for any State that requires it a Customary Court of Appeal for that State.
(2) The Customary Court of Appeal of a State shall consist of –
(a) a President of the Customary Court of Appeal of the State; and
(b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the
State.
Section 281 of the Nigerian Constitution 1999
Appointment of President and Judges of the Customary Court of Appeal of a State
(1) The appointment of a person to the office of President of a Customary Court of Appeal shall be made by the
governor of the State on the recommendation of the national Judicial Council, subject to confirmation of such
appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the
Governor of the State on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by a law of the House of Assembly of the State, a
person shall not be qualified to hold office of a president or of a Judge of a Customary Court of Appeal of a State
unless –
(a) he is a legal practitioner in Nigeria and he 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 President of the Customary Court of Appeal of a State 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 the functions of that office,
or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most
senior Judge of the Customary Court of Appeal of the State to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection (4) of
this section shall cease to have effect after the expiration of three months from the date of such appointment, and the
Governor shall not re-appoint a person whose appointment has lapsed.
Section 282 of the Nigerian Constitution 1999
Jurisdiction
(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil
proceedings involve questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and
decide such questions as may be prescribed by the House of Assembly of the State for which it is established.
Section 283 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, a Customary
Court of Appeal of the State may make rules for regulating the practice and procedure of the Customary Court of
Appeal of the State.
Section 284 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any law by the House of Assembly of the State, the President of the Customary
Court of Appeal of the State may make rules for regulating the practice and procedure of the customary Court of
Appeal of the State.