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  1. Constitutions
  2. Nigeria
  3. Official source page 89

🇳🇬 NigeriaConstitution

Constitution of the Federal Republic of Nigeria 1999

Official source page 89

Jurisdiction
Nigeria
Provision
89
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
(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. 262. (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. 263. 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. 264. 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. Back to Page One F - The Customary Court of Appeal of the Federal Capital Territory, Abuja. 265. (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. 266. (1) The appointment of a person to the office of the President of the Customary Court of Appeal of the Federal Capital

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Constitution of the Federal Republic of Nigeria 1999 · nass.gov.ng · Retrieved 18 August 2026.

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