THE ‘CONCURRENCY’/ ‘COORDINACY’ OF THE JURISDICTION OF STATES’ HIGH COURTS, CUSTOMARY AND SHARIA COURTS OF APPEAL: CONSTITUTIONAL MATTERS ARISING

Musa Y. SULEIMAN

Abstract


Legal practitioners are sometimes faced with the challenge of which appellate court to go from the decisions of customary/area /sharia courts. This confusion sometimes is heightened when the issues intended to be canvassed at the appellate court are not solely customary or, if Islamic, not purely ‘Islamic personal law’. This piece, employing the analytical method, has consulted and analysed statutes and judicial precedents and text books to put away the erroneous notion entertained by some jurists that the states’ high courts, customary courts of appeal and sharia courts of appeal cannot be courts of coordinate jurisdiction1. It recommends, among other things, for the introduction of the topic of ‘courts of coordinate jurisdictions’ in the law curriculum as it will enhance unity of people of diverse religions and cultures through the practice of law.

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