Nigeria is an African country located on the shores of the Atlantic ocean, sharing a border with Niger, Chad, Cameroon, and Benin. The population of this country is approx 23,08,42,000 with 9,23,769 square kilometers area. National languages Hausa, Igbo, Yoruba. More than 500 languages are spoken locally. About 250 ethnic communities including 25% Hausa, 21% Yoruba, 18% Igbo, 6% Fulani, 3.5% Ibibio, 2.4% Tiv, 2.4% Kanuri, 1.8% Ijaw live in Nigeria. About 49% of Nigerians are Christians and 48% are Muslims.
The Constitution of Nigeria provides many declarations of what is necessary to improve the standard of living of the citizens. If the court is located within 40 km from the place of arrest, there is an obligation to bring the offender to the court within 24 hours. Any person arrested or detained shall be informed in writing within 24 hours of the reason for the arrest. If someone is illegally arrested, the victim is entitled to compensation. Everyone has the right to change religion.
Every member of the Senate or House of Representatives shall, before taking the seat, declare his or her assets and liabilities. Anyone who is serving a prison sentence for dishonesty, has served imprisonment for dishonesty within the last 10 years, is bankrupt or has given false documents to the Election Commission - cannot be elected a member of the Senate or the House of Representatives, or the President.
These are positive aspects. Now let's discuss the negative aspects.
There are prescribed forms for taking an oath in the name of God that are included in the constitution. Nigeria has recognized Sharia courts and customary courts. But the basic foundation of democracy is “one law for all”. Parliament will simultaneously conduct proceedings in four languages, which is unusual. If a particular Member of Parliament does not know the official language, it would be appropriate to appoint a private interpreter for him or her. The presidential election process is complicated.
Article 15 is an interesting provision, according to which Authority shall encourage marriage between people of different regions by birth, or of different religion, ethnicity or language, with a view to promoting national unity. What is your opinion on this matter?
Admirable Articles of Nigeria's Constitution
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● Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.
● Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
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● The State social order is founded on ideals of Freedom, Equality and Justice.
● In furtherance of the social order-
● every citizen shall have equality of rights, obligations and opportunities before the law;
● the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced;
● governmental actions shall be humane;
● exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and
● the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.
● The State shall direct its policy towards ensuring that-
● all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment;
● conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life;
● the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused;
● there are adequate medical and health facilities for all persons;
● there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;
● children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect;
● provision is made for public assistance in deserving cases or other conditions of need; and
● the evolution and promotion of family life is encouraged.
18 (Part of it)
● Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.
● Government shall promote science and technology.
● Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide-
● free, compulsory and universal primary education;
● free secondary education;
● free university education; and
● free adult literacy programme.
● The foreign policy objectives shall be-
● promotion and protection of the national interest;
● promotion of international co-operation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestations;
● respect for international law and treaty obligations as well as the seeking of settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication; and
● promotion of a just world economic order.
● The State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.
● The State shall-
● protect, preserve and promote the Nigerian cultures which enhance human dignity and are consistent with the fundamental objectives as provided in this Chapter; and
● encourage development of technological and scientific studies which enhance cultural values.
● The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.
● The national ethics shall be Discipline, Integrity, Dignity of Labour, Social Justice, Religious Tolerance, Self-reliance and Patriotism.
● It shall be the duty of every citizen to-
● abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities;
● help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required;
● respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;
● make positive and useful contribution to the advancement, progress and well-being of the community where he resides;
● render assistance to appropriate and lawful agencies in the maintenance of law and order; and
● declare his income honestly to appropriate and lawful agencies and pay his tax promptly.
35 (Part of it)
● Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law-
● in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;
● by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law;
● for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;
● in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare;
● in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or
● Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.
● Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.
● Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.
● Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of-
● two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or
● three months from the date of his arrest or detention in the case of a person who has been released on bail,
● he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.
● In subsection (4) of this section, the expression “a reasonable time” means-
● in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and
● in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.
● Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, “the appropriate authority or person” means an authority or person specified by law.
● Nothing in this section shall be construed-
● in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and
● as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty.
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● The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.
● Whenever any person is charged with a criminal
offence, he shall, unless the charge is withdrawn, be entitled to a fair
hearing in public within a reasonable time by a court or tribunal:
Provided that-
● a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;
● if in any proceedings before a court or such a tribunal, a Minister of the Government of the Federation or a commissioner of the government of a State satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.
● Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty:
Provided that nothing in this section shall invalidate any law by
reason only that the law imposes upon any such person the burden of
proving particular facts.
Every person who is charged with a criminal offence shall be entitled to-
● be informed promptly in the language that he understands and in detail of the nature of the offence;
● be given adequate time and facilities for the preparation of his defence;
● defend himself in person or by legal practitioners of his own choice;
● examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and
● have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence.
● When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case.
● No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed.
● No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.
● No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.
● No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
● Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.
● The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.
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● Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.
● No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian.
● No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.
● Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.
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● Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
● Without prejudice to the generality of
subsection (1) of this section, every person shall be entitled to own,
establish and operate any medium for the dissemination of information,
ideas and opinions:
Provided that no person, other than the
Government of the Federation or of a State or any other person or body
authorised by the President on the fulfilment of conditions laid down by
an Act of the National Assembly, shall own, establish or operate a
television or wireless broadcasting station for, any purpose whatsoever.
Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society-
● for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or
● imposing restrictions upon persons holding office under the Government of the Federation or of a State, members of the armed forces of the Federation or members of the Nigeria Police Force or other Government security services or agencies established by law.
● Every person shall be entitled to assemble
freely and associate with other persons, and in particular he may form
or belong to any political party, trade union or any other association
for the protection of his interests:
Provided that the provisions
of this section shall not derogate from the powers conferred by this
Constitution on the Independent National Electoral Commission with
respect to political parties to which that Commission does not accord
recognition.
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● Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.
● Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-
● imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or
● providing for the removal of any person from Nigeria to any other country to:-
● be tried outside Nigeria for any criminal offence, or
● undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:
● Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.
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● No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things-
● requires the prompt payment of compensation therefore; and
● gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.
● Nothing in subsection (1) of this section shall be construed as affecting any general law-
● for the imposition or enforcement of any tax, rate or duty;
● for the imposition of penalties or forfeiture for breach of any law, whether under civil process or after conviction for an offence;
● relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts;
● relating to the vesting and administration of property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased persons, and of corporate or unincorporate bodies in the course of being wound-up;
● relating to the execution of judgements or orders of court;
● providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals;
● relating to enemy property;
● relating to trusts and trustees;
● relating to limitation of actions;
● relating to property vested in bodies corporate directly established by any law in force in Nigeria;
● relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry;
● providing for the carrying out of work on land for the purpose of soil-conservation; or
● subject to prompt payment of compensation for damage to buildings, economic trees or crops, providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities.
● Notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.
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● Every member of the Senate or the House of Representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the President of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a President and a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.
● The President and Deputy President of the Senate and the Speaker and the Deputy Speaker of the House of Representatives shall declare their assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership prescribed as aforesaid before the Clerk of the National Assembly.
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The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.
162 (Part of it)
● The President, upon the receipt of advice from
the Revenue Mobilisation Allocation and Fiscal Commission, shall table
before the National Assembly proposals for revenue allocation from the
Federation Account, and in determining the formula, the National
Assembly shall take into account, the allocation principles especially
those of population, equality of States, internal revenue generation,
land mass, terrain as well as population density:
Provided that the
principle of derivation shall be constantly reflected in any approved
formula as being not less than thirteen per cent of the revenue accruing
to the Federation Account directly from any natural resources.
● Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and the local government councils in each State on such terms and in such manner as may be prescribed by the National Assembly.
● Any amount standing to the credit of the States in the Federation Account shall be distributed among the States on such terms and in such manner as may be prescribed by the National Assembly.
● The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the State for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.
● Each State shall maintain a special account to be called “State Joint Local Government Account” into which shall be paid all allocations to the local government councils of the State from the Federation Account and from the Government of the State.
● Each State shall pay to local government councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly.
● The amount standing to the credit of local government councils of a State shall be distributed among the local government councils of that State on such terms and in such manner as may be prescribed by the House of Assembly of the State.
● Any amount standing to the credit of the judiciary in the Federation Account shall be paid directly to the National Judicial Council for disbursement to the heads of courts established for the Federation and the States under section 6 of this Constitution.
● For the purpose of subsection (1) of this section, “revenue” means any income or return accruing to or derived by the Government of the Federation from any source and includes-
● any receipt, however described, arising from the operation of any law;
● any return, however described, arising from or in respect of any property held by the Government of the Federation;
● any return by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body.
162 (Part of it)
Where under an Act of the National Assembly, tax or duty is imposed in respect of any of the matters specified in item D of Part II of the Second Schedule to this Constitution, the net proceeds of such tax or duty shall be distributed among the States on the basis of derivation and accordingly-
● where such tax or duty is collected by the Government of a State or other authority of the State, the net proceeds shall be treated as part of the Consolidated Revenue Fund of that State;
● where such tax or duty is collected by the Government of the Federation or other authority of the Federation, there shall be paid to each State at such times as the National Assembly may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that are derived from that State.
Schedule V
Part I. Code of Conduct for Public Officers
General
● A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.
●
○ A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.
○ For the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved.
○ A public officer shall only accept personal
gifts or benefits from relatives or personal friends to such extent and
on such occasions as are recognised by custom:
Provided that any
gift or donation to a public officer on any public or ceremonial
occasion shall be treated as a gift to the appropriate institution
represented by the public officer, and accordingly, the mere acceptance
or receipt of any such gift shall not be treated as a contravention of
this provision.
● The President or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or Commissioner of the Government of a State, or any other public officer who holds the office of a Permanent Secretary or head of any public corporation, university, or other parastatal organisation shall not accept-
○ a loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognised by law; and
○ any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person:
■ Provided that the head of a public corporation or of a university or other parastatal organisation may, subject to the rules and regulations of the body, accept a loan from such body.
● No persons shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer’s duties.
● A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.
● A public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible with the functions or dignity of his office.
●
○ Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter–
■ at the end of every four years; and
■ at the end of his term of office,
○ submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.
○ Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code.
○ Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.
● Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.
● A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this Code.
Facts of Nigeria's Constitution
Preamble (Part of it)
We the people of the Federal Republic of Nigeria
Having firmly and solemnly resolved:
TO LIVE in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding
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● The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.
● This section relates to:-
● the Supreme Court of Nigeria;
● the Court of Appeal;
● the Federal High Court;
● the National Industrial Court;
● the High Court of the Federal Capital Territory, Abuja;
● a High Court of a State;
● the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
● a Sharia Court of Appeal of a State;
● the Customary Court of Appeal of the Federal Capital Territory, Abuja;
● a Customary Court of Appeal of a State;
● such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and
● such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws.
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The business of the National Assembly shall be conducted in English, and in Hausa, Ibo and Yoruba when adequate arrangements have been made therefor.
63
The Senate and the House of Representatives shall each sit for a period of not less than one hundred and eighty-one days in a year.
134
● A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election-
● he has the majority of votes cast at the election; and
● he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
● A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-
● he has the highest number of votes cast at the election; and
● he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
● In a default of a candidate duly elected in accordance with subsection (2) of this section their shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be-
● the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and
● one among the remaining candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.
● In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of President if-
● he has a majority of votes cast at the election; and
● he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
● In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election.
244
● 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.
● Any right of appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal conferred by this section shall be-
● 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
● 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
● 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.
● Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be-
● 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;
● 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.
247
● 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 Sharia Court of Appeal if it consists of not less than three Justices of the Court of Appeal learned in Islamic personal law; and
● a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law.
● 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.
260
● There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.
● The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of-
● a Grand Kadi of the Sharia Court of Appeal; and
● such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National Assembly.
261
● 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.
● 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.
● 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-
● 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
● 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
● he either has considerable experience in the practice of Islamic law, or
● he is a distinguished scholar of Islamic law.
● 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.
● 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
● 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.
● For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide-
● 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;
● 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;
● any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim;
● 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
● 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.
● 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.
● 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.
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● There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.
● The Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of-
● a President of the Customary Court of Appeal; and
● such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the National Assembly.
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● 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.
● 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.
● 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-
● 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 the practice of Customary law; or
● in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.
● 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.
● 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.
● 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.
● 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.
● 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 of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
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● There shall be for any State that requires it a Sharia Court of Appeal for that State.
● The Sharia Court of Appeal of the State shall consist of-
● a Grand Kadi of the Sharia Court of Appeal; and
● such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.
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● The appointment of a person to the office of the Grand 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.
● 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.
● A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless-
● 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
● 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
● he either has considerable experience in the practice of Islamic law, or
● he is a distinguished scholar of Islamic law.
● If the office of the Grand 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 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 Kadi of the Sharia Court of Appeal of the State to perform those functions.
● 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.
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● 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.
● For the purposes of subsection (1) of this section, the sharia Court of Appeal shall be competent to decide-
● 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;
● 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;
● any question of Islamic personal Law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim;
● 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
● 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.
● 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.
● 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.
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● There shall be for any State that requires it a Customary Court of Appeal for that State.
● The Customary Court of Appeal of a State shall consist of-
● a President of the Customary Court of Appeal of the State; and
● such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.
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● 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.
● 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.
● 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-
● 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
● in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.
● 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.
● 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.
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● A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law.
● 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.
● 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.
● 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.
