The Legal Implications Of The Appeal System From Upper Shari’ah To The High Court Of Kano State Under The Nigerian Legal System
nd Dahiru Jafaru Usman PhD2AbstractNigeria’s court system is hierarchical with an appeal system fromlower courts to the Supreme Court. Appeals could originate fromShari’ah Court to the Supreme Court through the High Court. Allappeals from Upper Shari’ah Courts (USCs)except on Islamicpersonal law lie to the High Court. This remains the case despitethe fact that the High Court applies principles of Common Lawand the fact that Shari’ah rules of evidence are declared alien tothe High Court. Adopting the doctrinal methodology, this papercritiques the traffic of appeal from the Kano State USCs to theHigh Court of Kano. The paper found that most High CourtJudges are not learned in Shari’ah; some are not Muslims, and theHigh Court has no Shari’ah Division. The implication is that thesystem allows non-Muslims and persons not learned in Islamiclaw to preside over appeals on matters of pure Islamic Law.Additionally, the paper confirms that while Sharia places weighton the gender and religion of Judges, Common Law does not. Theinvolvement of female High Court Judges in the determination ofShari’ah appeals contradicts the basic principles of Shari’ah. Thepaper therefore, recommends the reorganization of the appealsystem from Kano State USCs to the High Court. The paperfurther recommends amendment to Sections 233,234,244,247and 277 of the 1999 Constitution (as amended) to allow the trafficof appeals from USCs to the Sharia Court of Appeal on allquestions of pure Islamic Law. Alternatively, provisions beinserted mandating the appointment of High Court judges learnedin Islamic law and/or administrative divisions to handle Shari’ahappeals.  The Legal Implications of the Appeal System from Upper Shari’ah to the HighCourt of Kano under the Nigerian Legal System

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