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Customary Court of Appeal of the Federal Capital Territory, Abuja

Sections 265 – 269 of the Constitution of the Federal Republic of Nigeria 1999

Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja

265. (1) There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.

(2) The Customary Court of Appeal of  the Federal Capital Territory, Abuja shall consist of –

(a) a President of the Customary Court of Appeal; and

(b) such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the National Assembly.

Appointment of President and Judges of the Customary Court of Appeal

266. (1) 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.

(2) 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.

(3) 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 –

(a) 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

(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.

(4) 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.

(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.

Jurisdiction           

267. The Customary Court of Appeal of the Federal Capital Territory, Abuja 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 Customary law.

Constitution

268. 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.

Practice and procedure

269. 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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