Part : I - II
- III
- IV Page : 1
- 2
- 3
- 4
- 5
- 6
- 7 - 8
260.-
(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.
261.-
(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.
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.
