Table of Contents
Section 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.
(The Sharia Court of Appeal of a State has the power to hear appeals and give supervision in civil matters relating to questions about Islamic personal law which according to sub section 2 of this section, it has the power to hear and determine as well as any other power which the law of the State gives to it.)
Section 277 (2)
For the purposes of subsection (1) of this section, the sharia Court of Appeal shall be competent to decide –
(The following are issues where the Sharia Court of Appeal of a State has the power to determine; )
Section 277 (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 of a State has the power to hear and determine issues relating to questions regarding Islamic personal law concerning marriages, its validity or dissolution or issues relating to family relationship or custody of infant; )
Section 277 (2)(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 founding or the guarding of an infant;
(Ins situations where all the parties to the suit are muslims, questions relating to Islamic personal law concerning marriage, dissolution of marriage/ divorce, family relationship or custody of infant; )
Section 277 (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;
(Issues relating to questions of Islamic personal law that concerns wakf, gift, will or succession in situations where the person giving or person who died is a muslim; )
Section 277 (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
(Issues concerning questions of Islamic personal law relating to infant, persons of unsound mind who are muslims or the maintenance or guardianship of a muslim who is physically or mentally unwell; )
Section 277 (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.
(In situations where all the parties to the suit are muslims and they have requested the court of first instance to determine the matter according to Islamic personal law; N/B Court of first instance means the first court where the matter/ suit was brought before for determination; )
Section 278
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.
(A Sharia Court of Appeal of a State will be duty constituted if it has at least 3 (three) Kadis of that Court; )
Section 279
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.
(The Grand Kadi of the Sharia Court of Appeal of the State has the ability to make rules that regulate the practice and procedure of the Sharia Court of Appeal but this is subject to laws made by the House of Assembly of the State; )
