In a ruling, the Court of Appeal sitting in Kano has overturned a lower court decision and upheld the application of Islamic law in the distribution of the estate of the late Major Mohammed Adeniyi.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
The judgment, delivered on August 23, 2024 by a panel of three Justices led by Justice Muhammed L. Shuaibu, is now available for download.
Major Adeniyi, a Muslim, died intestate on October 18, 2020, leaving behind an estate that included N36 million in entitlements paid by the Nigerian Army to his first daughter from a marriage conducted under the Marriage Act. His other surviving heirs, including two wives married under Islamic law and their children, had sued at the Upper Area Court for a share of the estate to be distributed per Islamic law.
The lower Sharia Court of Appeal had previously ruled that the Area Court lacked jurisdiction, holding that the Marriage Act marriage precluded the application of Islamic law to the estate. However, the Court of Appeal has now decisively ruled that the deceased’s marriage under the Act does not invalidate the application of Islamic personal law to the distribution of his estate.
The Court held that a Muslim is entitled to marry up to four wives as allowed under Islamic law, and that such marriages are distinct from marriages under native law and custom. As a Muslim, Major Adeniyi’s estate was exempt from the application of the Administration of Estates Law of Kwara State, which cannot deprive the estate from being governed by Islamic law.
The Court of Appeal allowed the appeal, set aside the lower court’s judgment, and restored the Area Court’s jurisdiction to distribute the estate under Islamic law.
The full text of the judgment can be downloaded here
Major Mohammed Adeniyi TheNgeriaLawyer
A timely new publication, Casebook on Privacy & Data Protection in Nigeria, co-authored by Olumide Babalola and Uchenna Nnawuchi, đCasebook on Privacy & Data Protection in Nigeria is now available on Amazon: https://a.co/d/8TmFZrd
______________________________________________________________________
Groundbreaking Guide For Lawyers: Adigwe Publishes âArtificial Intelligence For Lawyersâ With Free Research eBook
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
How to Order:
đ Call, Text, or WhatsApp: 08034917063 | 07055285878
đ§ Email: benadigwe1@gmail.com
đ Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
______________________________________________________________________
Alexander Payne Co. Law Reports
Contact & Orders đ 0704 444 4777 | 0704 444 4999 | 0818 199 9888 đ www.alexandernigeria.com
______________________________________________________________________
The books are available for purchase at:
Online: www.educodex.com | www.selar.com | www.amazon.com | www.mikeozekhome.com
Enquiries: +234 704 044 9375 | +234 814 813 4773 | +234 816 872 3532
Email: educodexl@gmail.com
______________________________________________________________________
Explore Nigeriaâs Constitutional System â 17 Chapters, 924 Pages Of Insight By Prof. Hagler Sunny Okorie
