Reps okay Ecclesiastical Court of Appeal bill for second reading

The House of Representatives on Tuesday  passed for second reading a bill seeking to amend the  Constitution of the Federal Republic of Nigeria 1999 (as amended) to provide for the establishment of Ecclesiastical Court of Appeal in the 36 States and FCT, Abuja.

The bill was sponsored by Honourable Gyang Istifanus Dung and eight other lawmakers.

He said that “This amendment conforms with and activated section 37(1) CFRN 1999 (as amended) which guarantees the right of every citizen to freedom of thought, conscience and religion, including freedom to propagate his religion or belief in worship, teaching, practice and observance.”

Leading debate on the bill, the lawmaker said that when established the court “shall compliment the regular courts in adjudicating in matters relating to the tenets of the Christian faith between individuals and groups that yield and submit to its jurisdiction.”

He said that, “the amendment will no doubt widen the scope of Jurisprudence, adjudication and legal practice in our nation and bring to reality the administration of Ecclesiastical Christian tenets and law in adjudicating matters of personal Christian law and civic matters which shall be prescribed in the Rules of practice and procedure of the Ecclesiastical Court.”

According to him,” in all, it has 14 alterations in section 6,84,185, 240, 246, 247, 288, 289, 292, and 318 of the Principal Act; it alters the second, third, sixth and seventh schedule of the Principal Act. It has four insertions in Part 1G, section 270A-E, Part 2D, section 285A-E and a citation.”

He further said that, “The Ecclesiastical Court shall exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Ecclesiastical Law and Christian Personal Law as provided in the new section 270B(1) – (5) including:

“(a) any question of Christian personal law regarding marriage concluded in accordance with that law; including a question  relating to the validity or dissolution of such marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant;

“(b) where all the parties to the proceedings are Christians, many question or Christian personal law where no prior or 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;

“(c) Any question of Christian personal law regarding a will or succession where the widower, donor, testator or deceased person is a Christian;

“(d) 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 infirm;

“Or (e) where all the parties to the proceedings, being Christians, have requested the court that hears the case in the first instance to determine that the case in accordance with Christian personal law, or any question.”

The bill scaled through when it was put to vote by the Speaker, Honourable Yakubu Dogara.