LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Jurisdiction — Sharia Court of Appeal — Original Jurisdiction Not Conferred
PRINCIPLE STATEMENT
The Sharia Court of Appeal exercises only appellate and supervisory jurisdiction; it is not conferred with original jurisdiction, and the High Court retains first instance jurisdiction over matters involving Islamic law.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC) at pp. 14–15; Paras D–A.
"The Sharia Court of Appeal is a court empowered to exercise only appellate and supervisory jurisdiction. I agree with the view of the learned Chief Justice of Nigeria that section 242(1) did not confer first instance jurisdiction on the Sharia Court of Appeal. For that reason alone the argument of learned counsel for the appellant, based, as it were, on the reasoning that vesting of jurisdiction on the Sharia Court of Appeal limited the jurisdiction of the High Court of Kogi State, falls to the ground when the question is whether the High Court of a state is precluded by the 1979 constitution from exercising first instance jurisdiction in matters involving questions of islamic law. In this case, the High Court of Kogi State was exercising jurisdiction at first instance which was not vested in the Sharia Court of Appeal."
EXPLANATION / SCOPE
The Sharia Court of Appeal has only appellate and supervisory jurisdiction, not original jurisdiction. The High Court retains first instance jurisdiction over matters involving Islamic law. The vesting of jurisdiction in the Sharia Court of Appeal does not oust the High Court’s original jurisdiction. The two courts have concurrent jurisdiction in certain matters, but the High Court can exercise original jurisdiction. The principle is based on the clear wording of the Constitution. The Sharia Court of Appeal cannot hear cases at first instance. The High Court’s jurisdiction is not limited by the existence of the Sharia Court of Appeal. The rule ensures access to justice.
