The 1999 Constitution

Section 260 (1)

There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.

(There will be a Sharia Court of Appeal created for the FCT.)

Section 260 (2)

The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of –

(The Sharia Court of Appeal of the FCT, Abuja will be made up of; )

Section 260 (2)(a)

a Grand Kadi of the Sharia Court of Appeal; and

(A Grand Kadi of the Sharia Court of Appeal (which is like a Chief Judge) ; and )

Section 260 (2)(b)

such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National
Assembly.

(Any number of Kadis (i.e. Judges) of the Sharia Court of Appeal which an Act/ Law passed by the National Assembly has allotted to it.)

Section 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.

(For a person to be appointed to the office of the Grand Kadi of the Sharia Court of Appeal of the FCT, Abuja, such appointment must be made by the President based on the recommendation of the National Judicial Council and thereafter must be confirmed by the Senate.)

Section 261 (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.

(For a person to be appointed to the office of a Kadi of the Sharia Court of Appeal, such appointment must be made by the President based on the recommendation of the National Judicial Council.)

Section 261 (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 –

(The following circumstances qualifies a person to hold office as a Grand Kadi or Kadi of the Sharia Court of Appeal of the FCT; )

Section 261 (3)(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;

(Such person must be a legal practitioner in Nigeria and be qualified to be so for at least 10 years and such person must also have a recognised qualification in Islamic law from an institution i.e. school which is acceptable to the National Judicial Council; or )

Section 261 (3)(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

(Such person has attended and obtained a recognised qualification in Islamic law from an institution (i.e. school) that has been approved by the National Judicial Council and such person must have held that qualification for a period of not less than 12 (twelve) years; and )

Section 261 (3)(b)(i)

he either has considerable experience in the Practice of Islamic law, or

(such person either has a lot of experience in the practice of Islamic law; or)

Section 261 (3)(b)(ii)

he is a distinguished scholar of Islamic law.

(such person is a distinguished (i.e. authoritative) scholar of Islamic law (i.e. the person is an authority when it comes to Islamic law).)

Section 261 (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.

(If the office of the Grand Kadi of the Sharia Court of Appeal is vacant or the person holding such office is unable to perform his duties for whatever reason then the President shall appoint the most senior Kadi of the Sharia Court of Appeal to perform the functions of the Grand Kadi of the Sharia Court of Appeal until such person can resume his functions or a person has been appointed to take over the functions of the Grand Kadi; )

Section 261 (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.

(Except in a situation where the person appointed by the President to act as the Grand Kadi in section 261 (4) has been recommended by the National Judicial Council, the appointment will expire after 3 (three) months from the date of the appointment and the President cannot re-appoint a person whose appointment has expired.)