Bill to establish Ecclesiastical Court of Appeal scales second reading

The bill which seeks to establish Ecclesiastical Court of Appeal in the 36 states of the Federation and Federal Capital Territory (FCT) scaled through second reading on the floor of the House of Representatives on Tuesday.

The bill, seeks to amend Cap. C23 Laws of the Federation of Nigeria, 2004, seeks to give the Ecclesiastical Court the compliment of the regular courts in adjudging in matters relating to the tenets of the Christian faith between individuals and groups that yield and submit to its jurisdiction.

It seeks to alter 14 sections namely: 6, 84, 185, 240, 246, 247, 288, 289, 292, 318 of the Principal Act as well as Second, Third, Sixth and Seventh Schedule of the Principal Act and insertion of Part 1g, section 270(a to e), Part 2D, section 285(a to e) and a citation, respectively.

Judges (Cardinals) of the Ecclesiastical Court shall be drawn from those learned in law and shall be required to administer justice in accordance with the Christian faith and the law of the nation. According to the proponent of the bill, the qualification, appointment and tenure of the Grand Cardinals and cardinals was contained in the new section 270b(1 to 5).

Section 270C (1 and 2) empowers the Court to exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Ecclesiastical law and Christian Personal law including: any question regarding to marriage concluded in accordance with the law; including a question relating to the validity or dissolution of such marrigae or a question that depends on such marrigae and relating to family or the guardianship of an infant.

“Where all parties to the proceedings are Christians, any question or Christian Personal law regarding a marrigae where no prior or subsequent customary or statutory marriage is contracted, including the validity or dissolution of that marriage, or regarding family relationship,a foundling or the guardianship of an infant.

“Any question of Christian Personal law regarding a will or succession where the endower, donor, testator or deceased person is a Christian.

“Any question of Christian Personal law regarding an infant, prodigal or person of unsound mind who is a Christian or the maintenance or the guardianship of a Christian who is physically or mentally inform or where all the parties to the proceedings, being christian, have requested the court that hearse the case in the first instance to determine, that case in accordance with Christian Personal law, or any question.”

While ruling on the motion, Speaker Yakubu Dogara referred the motion to the Special Ad-hoc Committee on Constitution Review for further legislative action.