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ANALYZER: No religious group can create Sharia Court in South-West
The controversy began when the Supreme Council for Shari’ah in Nigeria, Oyo State chapter, announced its intention to establish a Sharia Court in Oyo town and its environs by January 2025.
While some netizens expressed support for the initiative, others strongly criticised it.
Those against it argue that establishing a Sharia court in the South West, a region predominantly inhabited by Yoruba people undermines the area’s cultural and religious diversity, where no single faith is dominant.
In response to the backlash, the Islamic Council later announced an indefinite postponement of the court’s inauguration.
As though expecting the news to climb up the media radar, the Oyo State government was quick to respond to the controversy surrounding the proposed establishment of a Sharia Court in the state. Reacting, Governor Seyi Makinde reaffirmed his commitment to upholding the law of the land — the Nigerian Constitution.
Despite the recent debates surrounding Sharia law, many Nigerians remain unaware of its meaning and what the 1999 Constitution of the Federal Republic of Nigeria says about it.
Sharia law refers to the legal and moral framework derived from Islamic teachings, encompassing rules, principles, and ethical guidelines based on the Quran (the holy book of Islam), the Hadith (the sayings and actions of Prophet Muhammad), Ijma (the consensus of Islamic scholars on matters of law), and Qiyas (the process of analogical reasoning by comparing complex legal questions to similar cases resolved based on the Quran and Sunnah).
Sharia Courts: What Does the Nigerian Constitution Say?
The establishment, appointments of Grand Kadi and Kadis, jurisdiction, constitution, and practice/procedures of Sharia Courts of Appeal are detailed in Sections 275 to 279 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
According to section 275 of the Constitution, a Sharia Court of Appeal can be set up in states where the demand for it exists, with its purpose primarily focused on resolving civil disputes rooted in Islamic personal law.
The Constitution specifies that the Sharia Court of Appeal shall be composed of a Grand Kadi and additional Kadis, whose appointment is governed by state authorities in consultation with the National Judicial Council (NJC).
Section 275 reads, “(1) There shall be for any State that requires it a Sharia Court of Appeal for that State.
(2) The Sharia Court of Appeal of the State shall consist of –
(a) A Grandi Kadi of the Sharia Court of Appeal; and
(b) such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.“
The qualifications and process for the appointment of the Grand Kadi and Kadis are explicitly outlined in section 276 of the Constitution. To be appointed as a Kadi, one must either be a legal practitioner with over ten years of experience and a recognized qualification in Islamic law or be a distinguished scholar with a decade-long experience in Islamic law.
These appointments are made by the state governor, subject to confirmation by the state’s House of Assembly. If the office of the Grand Kadi becomes vacant, the most senior Kadi is tasked with assuming the duties temporarily until a permanent appointment is made, as detailed by Section 276 of the constitution.
In a discourse around Sharia Law in a secular setting, the issue of jurisdiction is usually topical. However, the jurisdiction of the Sharia Courts is well encapsulated in Section 277. The Sharia Court of Appeal is empowered to address matters concerning Islamic personal law, such as marriage, inheritance, and guardianship, as long as all parties involved are Muslim.
The court’s jurisdiction extends to family-related issues, including the validity or dissolution of marriage, as well as the guardianship of infants or persons unable to care for themselves.
Additionally, the court handles matters related to Islamic endowments (wakf), gifts, wills, and succession, as long as the concerned individuals are Muslim.
Other sections, like 278, explain that the Sharia Court must be composed of at least three Kadis before it can exercise jurisdiction while 279 empowers the Grand Kadi to establish rules to guide the practice and procedures of the Sharia Court of Appeal, subject to the laws passed by the state’s House of Assembly.
Past Arguments on Sharia Law
In a secular state like Nigeria, it’s expected that the implementation of Sharia law must have led to several arguments in the past, especially regarding its alignment with the Constitution of the land.
For instance, critics of the law have opined that Section 10 of the Constitution of the Federal Republic of Nigeria, which states that “The Government of the Federation or of a State shall not adopt any religion as State Religion,” is violated by the adoption of Sharia in northern states. They argued that this amounts to adopting Islam as a state religion. However, supporters of Sharia law countered with the position that the law (Sharia) only applies to Muslims and does not affect those of other faiths.
Another major argument centres on Section 38, which guarantees freedom of thought, conscience, and religion. Non-Muslims contended that Sharia infringes on their religious freedom because its implementation indirectly affects them. Advocates of Sharia, on the other hand, argued that this same section protects their right to practice their religion fully, which includes adhering to Sharia law.
