The 1999 Constitution

Section 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.

(The original jurisdiction of the Sharia Court of Appeal is civil matters involving Islamic law but the National Assembly can confer upon it additional jurisdiction.)

Section 262 (2)

For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide –

(The Sharia Court of Appeal has the power to decide on the following cases based on sub section 1 of this section 262; )

Section 262 (2)(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;

(The Sharia Court of Appeal shall have jurisdiction over matters dealing with a marriage conducted under Islamic law, dissolution (i.e. divorce) of such a marriage and any other matter relating to the products of the marriage.)

Section 262 (2)(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;

(The Sharia Court of Appeal shall have jurisdiction over matters, where all the parties are Muslims, dealing with a marriage, dissolution of marriage or any matter relating to the products of that marriage; )

Section 262 (2)(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;

(The Sharia Court of Appeal shall have jurisdiction over matters involving wills, gifts, inheritance where the deceased person is a Muslim; ) 

Section 262 (2)(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

(The Sharia Court of Appeal shall also have jurisdiction over matters relating to the guardianship or maintenance of infants, persons of unsound minds, physically challenged persons who are Muslims. )

Section 262 (2)(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.

(The Sharia Court of Appeal shall have jurisdiction over matters where the parties (who are Muslims) request the Court to determine the case according to Islamic law; )

Section 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.

(For the Sharia Court of Appeal to be properly constituted, it must have at least 3 Kadis of the Court presiding over any matter; ) 

Section 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.

(The Grand Kadi of the Sharia Court of Appeal of the FCT shall make the rules for the practice procedure of the Sharia Court of Appeal of the FCT; )