| THE JUDICATURE
PART I
Federal
Courts
A. The Supreme Court
of Nigeria
230.
(1) There shall be a Supreme Court
of Nigeria.
(2) The Supreme Court of Nigeria
shall consist of
(a) the Chief Justice of
Nigeria; and
(b) such number of Justices
of the Supreme Court, not exceeding
twenty-one, as may be prescribed by
an Act of the National Assembly.
231.
(1) The appointment of a person to
the office of Chief Justice of Nigeria 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 Justice of the Supreme Court shall
be made by the President on the
recommendation of the National Judicial Council
subject to confirmation of such
appointment by the Senate.
(3) A person shall not be
qualified to hold the office of Chief Justice of Nigeria or of a
Justice of the Supreme Court, unless he
is qualified to practice as a legal practitioner in
Nigeria and has been so qualified for a
period of not less than fifteen years.
(4) If the office of Chief Justice
of Nigeria 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 Justice of the Supreme Court 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.
232.
(1) The Supreme Court shall, to
the exclusion of any other court, have original
jurisdiction in any dispute between the
Federation and a State or between States if and
in so far as that dispute involves any
question (whether of law or fact) on which the
existence or extent of a legal right
depends.
(2) In addition to the
jurisdiction conferred upon it by subsection (1) of this section,
the Supreme Court shall have such
original jurisdiction as may be conferred upon it by
any Act of the National Assembly;
Provided that no original
jurisdiction shall be conferred upon the Supreme Court with
respect to any criminal matter.
233. -
(1) The Supreme Court shall have
jurisdiction, to the exclusion of any other court of
law in Nigeria, to hear and determine
appeals from the Court of Appeal.
(2) An appeal shall lie from
decisions of the Court of Appeal to the Supreme Court as
of right in the following cases
(a) where the ground of
appeal involves questions of law alone,
decisions in any civil or criminal
proceedings before the Court of Appeal,
(b) decisions in any civil or
criminal proceedings on questions as to the
interpretation or application of
this Constitution;
(c) decisions in any civil or
criminal proceedings on question as to
whether any of the provisions of
Chapter IV of this Constitution has been,
is being or is likely to be,
contravened in relation to any person;
(d) decisions in any criminal
proceedings in which any person has been
sentenced to death by the Court of
Appeal or in which the Court of Appeal
has affirmed a sentence of death
imposed by any other court;
(e) decisions on any question
(i) whether any person
has been validly elected to the
office of President or
Vice-President under this Constitution,
(ii) whether the term of
office of President or
Vice-President has ceased,
(iii) whether the office
of President or Vice-President has
become vacant; and
(f) such other cases as may
be prescribed by an Act of the National
Assembly.
(3) Subject to the provisions of
subsection (2) of this section, an appeal shall lie from
the decisions of the Court of Appeal to
the Supreme Court with the leave of the Court of
Appeal or the Supreme Court.
(4) The Supreme Court may dispose
of any application for leave to appeal from any
decision of the Court of Appeal in
respect of any civil or criminal proceedings in which
leave to appeal is necessary after
consideration of the record of the proceedings if the
Supreme Court is of opinion that the
interests of justice do not require an oral hearing of
the application.
(5) Any right of appeal to the
Supreme Court from the decisions of the Court of
Appeal conferred by this section shall
be exercisable in the case of civil proceedings at
the instance of a party thereto, or with
the level of the Court of Appeal or the Supreme
Court at the Instance of any other
person having an interest in the matter, and in the
case of criminal proceedings at the
instance of an accused person, or subject to the
provisions of this Constitution and any
powers conferred upon the Attorney General of
he Federation or the Attorney General
of a State to take over and continue or to
discontinue such proceedings, at the
instance of such other authorities or persons as
may be prescribed.
(6) Any right of appeal to the
Supreme Court from the decisions of the Court of
Appeal conferred by this section shall,
subject to section 236 of this Constitution, be
exercised in accordance with any Act of
the National Assembly and rules of court for
the time being in force regulating the
powers, practice and procedure of the Supreme
Court.
234. For the purpose of exercising any
jurisdiction conferred upon it by this Constitution or any
law, the Supreme Court shall be duly
constituted if it consists of not less than five Justices of the
Supreme Court.
Provided that where the Supreme Court is
sitting to consider an appeal brought under section
233(2)(d) or (c) of this Constitution, or to
exercise its original jurisdiction in accordance with section
232 of this Constitution, the Court shall be
constituted by seven Justices.
235. Without prejudice to the powers of
the President or of the Governor of a State with respect to
prerogative of mercy, no appeal shall lie to
any other body or person from any determination of the
Supreme Court.
236. Subject to the provisions of any
Act of the National Assembly, the Chief of Nigeria may make
rules for regulating the practice and
procedure of the Supreme Court.
B The Court of
Appeal
237.-
(1) There shall be a Court of
Appeal.
(2) The Court of Appeal shall
consist of
(a) a President of the Court
of Appeal; and
(b) such number of Justices
of the Court of Appeal, not less than
forty-nine of which not less than
three shall be learned in Islamic personal
law, and not less than three shall
be learned in Customary law, as may by
prescribed by an Act of the
National Assembly.
238.-
(1) There appointment of a person
to the office of President of the Court of Appeal
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 Justice of the 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 the office of a Justice of the Court of
Appeal unless he is qualified to
practice as a legal practitioner in Nigeria and has been
so qualified for a period of not less
than twelve years.
(4) If the office of President of
the 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 Justice of the 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.
239.
(1) Subject to the provisions of
this Constitution, the Court of Appeal shall, to the
exclusion of any other court of law in
Nigeria, have original jurisdiction to hear and
determine any question as to whether
(a) any person has been
validly elected to the office of President of
Vice-President under this
Constitution; or
(b) the term of office of the
President or Vice-President has ceased; or
(c) the office of President
or Vice-President has become vacant.
(2) In the hearing and
determination of an election petition under paragraph (a) of
subsection (1) of this section, the
Court of Appeal shall be duly constituted if it consists
of at least three Justices of the Court
of Appeal.
240.- Subject to the provisions of this
Constitution, the Court of Appeal shall have jurisdiction to the
exclusion of any other court of law in
Nigeria, to hear and determine appeals from the Federal High
Court, the High Court of the Federal Capital
Territory, Abuja, High Court of a State, Sharia Court of
Appeal of the Federal Capital Territory,
Abuja, Sharia Court of Appeal of a State, Customary Court of
Appeal of the Federal Capital Territory,
Abuja, Customary Court of Appeal of a State and from
decisions of a court martial or other
tribunals as may be prescribed by an Act of the National
Assembly.
241.
(1) An appeal shall lie from
decisions of the Federal Hugh Court or a High Court to
the Court of Appeal as of right in the
following cases
(a) final decisions in any
civil or criminal proceedings before the Federal
High Court sitting at first
instance;
(b) where the ground of
appeal involves questions of law alone,
decisions in any civil or criminal
proceedings;
(c) decisions in any civil or
criminal proceedings on questions as to the
interpretation or application of
this Constitution:
(d) decisions in any civil or
criminal proceedings on question as to
whether any of the provisions of
Chapter IV of this Constitution has been,
is being or is likely to be,
contravened in relation to any person;
(e) decisions in any criminal
proceedings in which the Federal High
Court or a High Court has imposed a
sentence of death;
(f) decisions made or given
by the Federal High Court or a High Court-
(i) where the liberty of
a person or the custody of an infant
is concerned,
(ii) where an injunction
or the appointment of a receiver is
granted or refused,
(iii) in the case of a
decision determining the case of a
creditor or the liability of a
contributory or other officer under
any enactment relating to
companies in respect of
misfeasance or otherwise,
(iv) in the case of a
decree nisi in a matrimonial cause or
a decision in an admiralty
action determining liability, and
(v) in such other cases
as may be prescribed by any law
in force in Nigeria.
(2) Nothing in this section shall
confer any right of appeal
(a) from a decision of the
Federal High Court or any High Court granting
unconditional leave to defend an
action;
(b) from an order absolute
for the dissolution or nullity of marriage in
favour of any party who, having had
time and opportunity to appeal from
the decree nisi on which the order
was founded, has not appealed from
that decree nisi; and
(c) without the leave of the
Federal High Court or a High Court or of the
Court of Appeal, from a decision of
the Federal High Court or High Court
made with the consent of the
parties or as to costs only.
242.
(1) Subject to the provisions of
section 241 of this Constitution, an appeal shall lie
from decisions of the Federal High Court
or a High Court to the Court of Appeal with the
leave of the Federal High Court or that
High Court or the Court of Appeal.
(2) The Court of Appeal may
dispose of any application for leave to appeal from any
decision of the Federal High Court or a
High Court in respect of any civil or criminal
proceedings in which an appeal has been
brought to the Federal High Court or a High
Court from any other court after
consideration of the record of the proceedings, if the
Court of Appeal is of the opinion that
the interests of justice do not require an oral
hearing of the application.
243. Any right of appeal to the Court
of Appeal from the decisions of the Federal High Court or a
High Court conferred by this Constitution
shall be
(a) exercisable in the case
of civil proceedings at the instance of a party
thereto, or with the leave of the
Federal High Court or the High Court or the
Court of Appeal at the instance of
any other person having an interest in
the matter, and in the case of
criminal proceedings at the instance of an
accused person or, subject to the
provisions of this Constitution and any
powers conferred upon the Attorney-
General of the Federation or the
Attorney General of a State to
take over and continue or to discontinue
such proceedings, at the instance
of such other authorities or persons as
may be prescribed;
(b) exercised in accordance
with any Act of the National Assembly and
rules of court for the time being
in force regulating the powers, practice
and procedure of the Court of
Appeal.
244.
(1) An appeal shall lie from
decisions of a Sharia Court of Appeal to the Court of
Appeal as of right in any civil
proceedings before the Sharia Court of Appeal with respect
to any question of Islamic personal law
which the Sharia Court of Appeal is competent
to decide.
(2) Any right of appeal to the
Court of Appeal from the decisions of a Sharia Court of
Appeal conferred by this section shall
(a) exercisable at the
instance of a party thereto or, with the leave of the
Sharia Court of Appeal or of the
Court of Appeal, at the instance of any
other person having an interest in
the matter; and
(b) exercised in accordance
with an Act of the National Assembly and
rules of court for the time being
in force regulating the powers, practice
and procedure of the Court of
Appeal.
245.
(1) An appeal shall lie from
decisions of a Customary Court of Appeal to the Court of
Appeal as of right in any civil
proceedings before the Customary Court of Appeal with
respect to any question of Customary law
and such other matters as may be prescribed
by an Act of the National Assembly.
(2) Any right of Appeal to the
Court of Appeal from the decisions of a Customary
Court of Appeal conferred by this
section shall be
(a) exercisable at the
instance of a party thereto or, with the leave of the
Customary Court of Appeal or of the
Court of Appeal, at the instance of
any other person having an interest
in the matter;
(b) exercised in accordance
with any Act of the National Assembly and
rules of court for the time being
in force regulating the powers, practice
and procedure of the Court of
Appeal.
246.
(1) An appeal to the Court of
Appeal shall lie as of right from
(a) decisions of the Code of
Conduct Tribunal established in the Fifth
Schedule to this Constitution;
(b) decisions of the National
Assembly Election Tribunals and
Governorship and Legislative Houses
Election Tribunals on any question
as to whether
(i) any person has been
validly elected as a member of
the National Assembly or of a
House of Assembly of a State
under this Constitution,
(ii) any person has been
validly elected to the office of
Governor or Deputy Governor,
or
(iii) the term of office
of any person has ceased or the
seat of any such person has
become vacant.
(2) The National Assembly may
confer jurisdiction upon the Court of Appeal to hear
and determine appeals from any decision
of any other court of law or tribunal
established by the National Assembly.
(3) The decisions of the Court of
Appeal in respect of appeals arising from election
petitions shall be final.
247.
(1) For the purpose of exercising
any jurisdiction conferred upon it by this
Constitution or any other law, the Court
of Appeal shall be duly constituted if it consists
of not less than three Justices of the
Court of Appeal and in the case of appeals from
(a) a Sharia Court of Appeal
if it consists of not less than three Justices
of the Court of Appeal learned in
Islamic personal law; and
(b) a Customary Court of
Appeal, if it consists of not less than three
Justices of the Court of Appeal
learned in Customary law.
248. Subject to the provisions of any
Act of the National Assembly, the President of the Court of
Appeal may make rules for regulating the
practice and procedure of the Court of Appeal.
C. The Federal
High Court.
249.
(1) There shall be a Federal High
Court.
(2)The Federal High Court shall
consist of
(a) a Chief Judge of the
Federal High Court; and
(b) such number of Judges of
the Federal High Court as may be
prescribed by an Act of the
National Assembly.
250.
(1) The appointment of a person to
the office of Chief Judge of the Federal High Court
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 Judge of the Federal High Court
shall be made by the President on the
recommendation of the National Judicial Council.
(3) A person shall not be
qualified to hold the office of Chief Judge or a Judge of the
Federal High Court unless he is
qualified to practice as a legal practitioner in Nigeria
and has been so qualified for a period
of not less than ten years.
(4) If the office of Chief Judge
of the Federal High Court 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 Judge of the
Federal High Court to perform those functions.
(5) Except on the recommendation
of the National Judicial Council, an appointment
pursuant to the provisions of subsection
(3) 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.
251.
(1) Notwithstanding anything to
the contrary contained in this Constitution and in
addition to such other jurisdiction as
may be conferred upon it by an Act of the National
Assembly, the Federal High Court shall
have and exercise jurisdiction to the exclusion
of any other court in civil causes and
matters
(a) relating to the revenue
of the Government of the Federation in which
the said Government or any organ
thereof or a person suing or being sued
on behalf of the said Government is
a party;
(b) connected with or
pertaining to the taxation of companies and other
bodies established or carrying on
business in Nigeria and all other
persons subject to Federal
taxation;
(c) connected with or
pertaining to customs and excise duties and
export duties, including any claim
by or against the Nigeria Customs
Service or any member or officer
thereof, arising from the performance of
any duty imposed under any
regulation relating to customs and excise
duties and export duties;
(d) connected with or
pertaining to banking, banks, other financial
institutions, including any action
between one bank and another, any
action by or against the Central
Bank of Nigeria arising from banking,
foreign exchange, coinage, legal
tender, bills of exchange, letters of
credit, promissory notes and other
fiscal measures:
Provided that this paragraph
shall not apply to any dispute between an
individual customer and his bank in
respect of transactions between he
individual customer and the bank;
(e) arising form the
operation of the Companies and Allied Matters Act
or any other enactment replacing
that Act or regulating the operation of
companies incorporated under the
Companies and Allied Matters Act;
(f) any Federal enactment
relating to copyright, patent, designs, trade
marks and passing-off, industrial
designs and merchandise marks,
business names, commercial and
industrial monopolies, combines and
trusts, standards of goods and
commodities and industrial standards;
(g) any admiralty
jurisdiction, including shipping and navigation on the
River Niger or River Benue and
their affluents and on such other inland
waterway as may be designate by any
enactment to be an international
waterway, all Federal ports,
(including the constitution and powers of the
ports authorities for Federal
ports) and carriage by sea;
(h) diplomatic, consular and
trade representation;
(i) citizenship,
naturalization and aliens, deportation of persons who are
not citizens of Nigeria,
extradition, immigration into and emigration from
Nigeria, passports and visas;
(j) bankruptcy and
insolvency;
(k) aviation and safety of
aircraft;
(l) arms, ammunition and
explosives;
(m) drugs and poisons;
(n) mines and minerals
(including oil fields, oil mining, geological
surveys and natural gas);
(o) weights and measures;
(p) the administration or the
management and control of the Federal
Government or any of its agencies;
(q) subject to the provisions
of this Constitution, the operation and
interpretation of this Constitution
in so far as it affects the Federal
Government or any of its agencies;
(r) any action or proceeding
for a declaration or injunction affecting the
validity of any executive or
administrative action or decision by the Federal
Government or any of its agencies;
and
(s) such other jurisdiction
civil or criminal and whether to the exclusion
of any other court or not as may be
conferred upon it by an Act of the
National Assembly:
Provided that nothing in the
provisions of paragraphs (p), (q) and (r) of this
subsection shall prevent a person
from seeking redress against the
Federal Government or any of its
agencies in an action for damages,
injunction or specific performance
where the action is based on any
enactment, law or equity.
(2) The Federal High Court shall
have and exercise jurisdiction and power in respect
of treason, treasonable felony and
allied offences.
(3) The Federal High Court shall
also have and exercise jurisdiction and powers in
respect of criminal causes and matters
in respect of which jurisdiction is conferred by
subsection (1) of this section.
252.
(1) For the purpose of exercising
any jurisdiction conferred upon it by this
Constitution or as may be conferred by
an Act of the National Assembly, the Federal
High Court shall have all the powers of
the High Court of a State.
(2) Notwithstanding subsection (1)
of this section, the National Assembly may by
law make provisions conferring upon the
Federal High Court powers additional to those
conferred by this section as may appear
necessary or desirable for enabling the Court
more effectively to exercise its
jurisdiction.
253. The Federal High Court shall be
duly constituted if it consists of at least one Judge of that
Court.
254. Subject to the provisions of any
Act of the National Assembly, the Chief Judge of the Federal
High Court may make rules for regulating the
practice and procedure of the Federal High Court.
D. - The High Court of the
Federal Capital Territory, Abuja.
255.
(1) There shall be a High Court of
the Federal Capital Territory, Abuja.
(2) The High Court of the Federal
Capital Territory, Abuja shall consist of
(a) a Chief Judge of the High
Court of the Federal Capital Territory,
Abuja; and
(b) such number of Judges of
the High Court as may be prescribed by
an Act of the National Assembly.
256.
(1) The appointment of a person to
the office of Chief Judge of the High Court 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 Judge of the High Court of the
Federal Capital Territory, Abuja shall
be made by the President on the recommendation
of the National Judicial Council.
(3) A person shall not be
qualified to hold the office of a Chief Judge or a Judge of the
High Court of the Federal Capital
Territory, Abuja unless he is qualified to practice as a
legal practitioner in Nigeria and has
been so qualified for a period of not less than ten
years.
(4) If the office of the Chief
Judge of the High Court of the Federal Capital Territory,
Abuja 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 Judge of the High Court of the
Federal Capital Territory, Abuja, 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.
257.
(1) Subject to the provisions of
section 251 and any other provisions of this
Constitution and in addition to such
other jurisdiction as may be conferred upon it by
law, the High Court of the Federal
Capital Territory, Abuja shall have jurisdiction to hear
and determine any civil proceedings in
which the existence or extent of a legal right,
power, duty, liability privilege,
interest, obligation or claim is in issue or to hear and
determine any criminal proceedings
involving or relating to any penalty, forfeiture,
punishment or other liability in respect
of an offence committed by any person.
(2) The reference to civil or
criminal proceedings in this section includes a reference
to the proceedings which originate in
the High Court of the Federal Capital Territory,
Abuja and those which are brought before
the High Court of the Federal Capital Territory,
Abuja to be dealt with by the Court in
the exercise of its appellate or supervisory
jurisdiction.
258. The High Court of the Federal
Capital Territory, Abuja shall be duly constituted if it consists of
at least one Judge of that Court.
259. Subject to the provisions of any
Act of the National Assembly, the Chief Judge of the High
Court of the Federal Capital Territory, Abuja
may make rules for regulating the practice and procedure
of the High Court of the Federal Capital
Territory, Abuja.
E- The Sharia Court of Appeal of the
Federal Capital Territory, Abuja.
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.
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.
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
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 th
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 hall 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.
267. 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.
268. 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.
269. 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 I of the Customary
Court of Appeal of the Federal Capital Territory, Abuja.
PART II
STATE
COURTS
A - High Court
of a State
270.
(1) There shall be a High Court
for each State of the Federation.
(2) The High Court of a State
shall consist of -
(a) a Chief Judge of the
State; and
(b) such members of Judges of
the High Court as may be prescribed by
a Law of the House of Assembly of
the State.
271.
(1) The appointment of a person to
the office of Chief Judge of a State shall be made
by the Governor of the State on the
recommendation of the National Judicial Council
subject to confirmation of the
appointment by the House of Assembly of the State.
(2) The appointment of a person to
the office of a Judge of a High Court of a State
shall be made by the Governor of the
State acting on the recommendation of the
National Judicial Council.
(3) A person shall not be
qualified to hold office of a Judge of a High Court of a State
unless he is qualified to practice as a
legal practitioner in Nigeria and has been so
qualified for a period of not less than
ten years.
(4) If the office of Chief Judge
of a State is vacant or if the person holding the office is
for any person 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 Governor of the State shall appoint the most
senior Judge of the High Court 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 expiration of
three months from the date of such
appointment and the Governor shall not re-appoint a
person whose appointment has lapsed.
272.
(1) Subject to the provisions of
section 251 and other provisions of this Constitution,
the High Court of a State shall have
jurisdiction to hear and determine any civil
proceedings in which the existence or
extent of a legal right, power, duty, liability,
privilege, interest, obligation or claim
is in issue or to hear and determine any criminal
proceedings involving or relating to any
penalty, forfeiture, punishment or other liability in
respect of an offence committed by any
person.
(2) The reference to civil or
criminal proceedings in this section includes a reference
to the proceedings which originate in
the High Court of a State and those which are
brought before the High Court to be
dealt with by the court in the exercise of its
appellate or supervisory jurisdiction.
273. For the purpose of exercising any
jurisdiction conferred upon it under this Constitution or any
law, a High court of a State shall be duly
constituted if it consists of at least one Judge of that Court.
274. Subject to the provisions of any
law made by the House of Assembly of a State, the Chief
Judge of a State may make rules for
regulating the practice and procedure of the High Court of the
State.
B - Sharia Court of
Appeal of a State
275.
(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.
276.
(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 recognized 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.
277.
(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 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 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.
278. For the purpose of exercising any
jurisdiction conferred upon it by 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.
279. - Subject to provisions of any law
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.
B. Customary Court of
Appeal of a State
280.
(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.
281.
(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) A part 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 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 at that office, or
until the person holding the office has
resumed those functions, the Governor of the
Sate 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 (4) on 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.
282.
(1) A Customary Court of Appeal of
a State shall exercise appellate and supervisory
jurisdiction in civil proceedings
involving questions of Customary law.
(2) For the purposes 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.
283. For the purpose of exercising any
jurisdiction conferred upon it by this Constitution or any
law, a Customary Court of Appeal of a State
shall be duly constituted if it consists of at least three
Judges of that Court.
284. Subject to the provisions of any
law made 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 a State.
PART III
ELECTION
TRIBUNALS
285.
(1) There shall be established for
the Federation one or more election tribunals to be
known as the National Assembly Election
Tribunals which shall, to the exclusion of any
court or tribunal, have original
jurisdiction to hear and determine petitions as to whether
(a) any person has been
validly elected as a member of the National
Assembly;
(b) the term of office of any
person under this Constitution has ceased;
(c) the seat of a member of
the Senate or a member of the House of
Representatives has become vacant;
and
(d) a question or petition
brought before the election tribunal has been
properly or improperly brought.
(2) There shall be established in
each State of the Federation one or more election
tribunals to be known as the
Governorship and Legislative Houses Election Tribunals
which shall, to the exclusion of any
court of tribunal, have original jurisdiction to hear
and determine petitions as to whether
any person has been validly elected to the office
of Governor or Deputy Governor or as a
member of any legislative house.
(3) The composition of the
National Assembly Election Tribunals, Governorship and
Legislative Houses Election Tribunals
shall be as set out in the Sixth Schedule to this
Constitution.
(4) The quorum of an election
tribunal established under this section shall be the
Chairman and two other members.
PART IV
SUPPLEMENTAL
286.
(1) Subject to the provisions of
this Constitution
(a) where by the Law of a
State jurisdiction is conferred upon any court
for the hearing and determination
of civil causes and of appeals arising out
of such causes, the court shall
have like jurisdiction with respect to the
hearing and determination of
Federal causes and of appeals arising out of
such causes:
(b) where by the Law of a
State jurisdiction is conferred upon any court
for investigation, inquiry into, or
trial of persons accused of offenses
against the Laws of the State and
with respect to the hearing and
determination of appeals arising
out of any such trial or out of any
proceedings connected therewith,
the court shall have like jurisdiction with
respect to the investigation,
inquiry into, or trial of persons for Federal
offences and the hearing and
determination of appeals arising out of the
trial or proceedings; and
(c) the jurisdiction
conferred on a court of a State pursuant to the
provisions of this section shall be
exercised in conformity with the practice
and procedure for the time being
prescribed in relation to its jurisdiction
over civil or criminal causes other
than Federal causes.
(2) Nothing in the provisions of
this section shall be construed, except in so far as
other provisions have been made by the
operation of sections 299 and 30 of this
Constitution, as conferring jurisdiction
as respects Federal causes or Federal offenses
upon a court presided over by a person
who is not or has not been qualified to practice
as a legal practitioner in Nigeria.
(3) In this section, unless the
context otherwise requires
cause includes matter;
Federal cause means civil or
criminal cause relating to any matter with
respect to which the National
Assembly has power to make laws; and
Federal offense means an
offense contrary to the provisions of an Act of
the National Assembly or any law
having effect as if so enacted.
287.
(1) The decisions of the Supreme
Court shall be enforced in any part of the
Federation by all authorities and
persons, and by courts with subordinate jurisdiction to
that of the Supreme Court.
(2) The decisions of the Court of
Appeal shall be enforced in any part of the
Federation by all authorities and
persons, and by courts with subordinate jurisdiction to
that of the Court of Appeal.
(3) The decisions of the Federal
High Court, a High Court and of all other courts
established by this Constitution shall
be enforced in any part of the Federation by all
authorities and persons, and by other
courts of law with subordinate jurisdiction to that
of the Federal High Court, a High Court
and those others courts, respectively.
288.
(1) In exercising his powers under
the foregoing provisions of this Chapter in respect
of appointments to the officers of
Justices of the Supreme Court and Justices of the
Court of Appeal, the President shall
have regard to the need to ensure that there are
among the holders of such officers
persons learned in Islamic personal law and persons
learned in Customary law.
(2) For the purposes of subsection
(1) of this section
(a) a person shall be deemed
to be learned in Islami | 
