(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;
(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;
(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
(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.
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.
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.
F - 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.
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 no re-appoint a person whose appointment has lapsed.
267. The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other
jurisdiction as may be conferred upon by an Act of The National Assembly Exercise such appellate and
supervisory jurisdiction in civil proceedings involving questions of Customary law.