Powers of Appellate Courts in Nigeria to Entertain Shari’ah Criminal Appeals from Shari’ah Courts

ABSTRACT

This paper discussed powers of appellate courts in Nigeria to entertain Shari’ah Criminal Appeals from Shari’ah Courts. The paper examined relevant constitutional provisions with a view to discovering whether or not appellate courts in Nigeria have powers to entertain Islamic Criminal Appeals. The legal reforms embarked upon by some States of Northern Nigeria led to the enactment of various Shari’ah Court Laws and Shari’ah Court of Appeal Laws empowering the Shari’ah Court of Appeal of those States to hear Islamic Criminal Appeals from Shari’ah Courts. In analyzing relevant provisions of the Constitution, the paper adopted doctrinal methods where relevant materials of the topic were utilized. The study found that apart from the High Courts of the States and of the Federal Capital Territory, Abuja which have powers to entertain Islamic Criminal Appeal from Upper Area/Shari’ah Courts, the Shari’ah Court of Appeal, Court of Appeal and Supreme Court lack similar power to entertain Shari’ah Criminal Appeals from Shari’ah Courts.

Keywords: Criminal Law, Shari’ah, Constitution, Courts

 

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