The 1999 Constitution

Section 275 (1)

There shall be for any State that requires it a Sharia Court of Appeal for that State.

(If a State in Nigeria requires a Sharia Court of Appeal for that State then one will be created in that State.)

Section 275 (2)(a)

The Sharia Court of Appeal of the State shall consist of –
(a) A Grandi Kadi of the Sharia Court of Appeal; and

(Once created, a Sharia Court of Appeal of a State shall have; A Grand Kadi of the Sharia Court of Appeal; and )

Section 275 (2)(b)

such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.

(any number of Kadi of the Sharia Court of Appeal which the House of Assembly of the State may prescribe for the Court.)

(Side Note: Kadi of the Sharia Court of Appeal can be likened to Judge of the Customary Court of Appeal and Grand Kadi of the Sharia Court of Appeal can be likened to Chief Judge of the Customary Court of Appeal.)

Section 276 (1)

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 Governor of a State is responsible for appointing a person who will become the Grand Kadi of that State and the appointment must be made based on the recommendations of the National Judicial Council. After the appointment has been made by the Governor of the State, the House of Assembly of the State must confirm such appointment before it is valid.)

Section 276 (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.

(Unlike the appointment of the Grand Kadi which is valid upon confirmation of the Senate, appointment of a person to the office of a Kadi is made by the Governor based on the recommendation of the National Judicial Council. There is no need for the House of Assembly to confirm the appointment of Kadis.)

Section 276 (3)

A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless

(A person can only be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State if such person possesses the following qualifications; )

Section 276 (3)(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

(Such person must first, be a legal practitioner (i.e. the person must be called to the Nigerian Bar), second, such person must be qualified to practice law in Nigeria for not less than 10 (ten) years and, third, such person must have a recognized qualification in Islamic law from a school that is acceptable to the National Judicial Council; or )

Section 276 (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 ten years; and

(Such person must have acquired a recognised qualification in Islamic law from a school which the National Judicial Council has approved and such person must have held that qualification for a period of not less than 10 (ten) years; and )

Section 276 (3)(b)(i)(ii)

he either has considerable experience in the practice of Islamic law, or
(ii) he is a distinguished scholar of Islamic law.

(Such person must also have considerable experience in practicing Islamic law or be a scholar that is distinguished in Islamic law.)

Section 276 (4)

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.

(If the office of the Grand Kadi of the Sharia Court of Appeal of a State is vacant for whatever reason, then the Governor of the State can appoint the most senior Kadi of the Sharia Court of Appeal of the State to perform the functions of the Grand Kadi of the Sharia Court of Appeal of the State.)

Section 276 (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.

(Except in situations where appointments were made on the recommendations of the National Judicial Council, any appointment made based on sub section 4 of this section 276 of the 1999 Constitution, shall end after 3 (three) months from the date which the Governor of the State made such appointment and the Governor shall not re-appoint a person whose appointment has already ended.)