Section 275-279 of the Nigerian Constitution 1999

Section 275 to 279 of the Nigerian Constitution 1999

Section 275 to 279 of the Nigerian Constitution 1999 is under B (Sharia Court of Appeal of a State) of Part II (State Courts) of Chapter VII (The Judicature) of the constitution.

Section 275 of the Nigerian Constitution 1999

Establishment of Sharia Court of Appeal

(1) There shall be for any State that requires it a Sharia Court of Appeal for that State.
(2) The Sharia Court of Appeal of the State shall consist of –
(a) A Grandi Kadi of the Sharia Court of Appeal; and
(b) such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.

Section 276 of the Nigerian Constitution 1999

Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State

(1) The appointment of a person to the office of the Grandi Kadi of the Sharia Court of Appeal of a State 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 Kadi of the Sharia Court of Appeal of a State shall be made by the
Governor of the State on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless –
(a) he is a legal practitioner in Nigeria and has been 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 ten 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 Grandi Kadi of the Sharia Court of Appeal of a State is vacant or if a person holding the office
is for any reason unable to perform the function of the office, then until a person has been appointed to and has
assumed the function s of that office, or until the person holding the office has resumed those functions, the
Governor of the State shall appoint the most senior Kadi of the Sharia 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 277 of the Nigerian Constitution 1999

Jurisdiction

(1) The sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be conferred upon
it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving
questions of Islamic personal Law which the court is competent to decide in accordance with the provisions of
subsection (2) of this section.

(2) For the purposes 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 proceedings are muslims, any question of Islamic personal Law regarding a marriage,
including the validity or dissolution of that marriage, or regarding family relationship, a founding or the guarding 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 278 of the Nigerian Constitution 1999

Constitution

For the purpose of exercising any jurisdiction conferred upon it this Constitution or any law, a sharia Court of
Appeal of a State shall be duly constituted if it consists of at least three kadis of that Court.

Section 279 of the Nigerian Constitution 1999

Practice and Procedure

Subject to provisions of any made by the House of Assembly of the State, the Grand Kadi of the Sharia Court
of Appeal of the state may make rules regulating the practice and procedure of the Sharia Court of Appeal.

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

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