Abuja, Nigeria – In a significant constitutional move, the House of Representatives on Tuesday passed for second reading a bill proposing the establishment of Ecclesiastical Courts of Appeal across Nigeria. The proposed legislation, sponsored by Hon. Francis Waive (Ughelli/Udu Federal Constituency), seeks to amend the 1999 Constitution to create specialized courts for adjudicating matters of Christian personal law and ecclesiastical issues.
The bill, officially titled “An Act to Alter the Constitution of the Federal Republic of Nigeria, 2004 to Provide for the Establishment of the Ecclesiastical Court of Appeal of the Federal Capital Territory Abuja and the Ecclesiastical Court of Appeal of the States,” represents a renewed effort to create a parallel system to the existing Sharia Courts of Appeal.
Key Provisions of the Bill:
- Establishment of Ecclesiastical Courts at both federal and state levels
- Jurisdiction limited to Christian personal law matters
- Voluntary submission to the court’s authority by parties involved
- Complement rather than replace existing judicial structures
This marks the second attempt to create such courts, following a similar 2016 proposal that stalled at the second reading stage. The current bill seeks to amend Section 260 of the Constitution, which currently only provides for Sharia Courts of Appeal.
Hon. Waive argued during the debate that the bill would ensure equitable treatment of Nigeria’s Christian majority, noting that “while our constitution provides for Sharia Courts of Appeal, there exists no equivalent for Christian matters.” He emphasized that participation would be voluntary, with jurisdiction limited to those who willingly submit to it.
The proposed courts would handle matters including:
- Church governance disputes
- Christian marriage and divorce cases
- Ecclesiastical property matters
- Interpretation of Christian doctrine in legal contexts
Legal experts remain divided on the proposal. Some constitutional lawyers warn it could further complicate Nigeria’s already complex judicial system, while others argue it would provide much-needed specialization in religious matters.
The bill now moves to committee stage for detailed consideration before returning to the full House for third reading. If ultimately passed by both legislative chambers, it would require ratification by at least 24 state assemblies to become law.
This development comes amid ongoing national debates about the intersection of religion and law in Africa’s most populous nation, where approximately half the population identifies as Christian.
