Islamic human rights group, the Muslim Rights Concern, has asked both chambers of the National Assembly to consider initiating a bill to address what it described as the “glaring lop-sidedness” in the judiciary, by initiating a bill to create federal Shari’ah courts across the country, particularly in Southern Nigeria.
In a statement signed by MURIC’s Executive Director, Prof Ishaq Akintola, on Monday, the group said it recognised that the federal government would need an enabling constitutional instrument to affect the establishment of Shari’ah courts, hence the petition to the NASS.
MURIC argued that Muslims in Southern Nigeria had been deprived of judicial inclusivity, noting that the Nigerian judicial system stood on a tripod of common law, customary law and Islamic law, pointing out, however, that only the common and customary law enjoyed national spread, while Islamic or Shari’ah law remained confined to the North.
“We hereby call the attention of both houses of the Nigerian parliament, the Senate and the House of Representatives, to the glaring lop-sidedness cum lacuna in the Nigerian judicial system which has denied Muslims in Southern Nigeria their Allah-given fundamental human rights in terms of free access to courts of their own choice (i.e. Shari’ah courts).
“It is well known that the Nigerian legal system stands on a tripod of common law, customary law and Islamic law (Shari’ah). For justice to experience a balance, it is expected that each component of the tripartite system should be equally treated and applied in all parts of the country.
“But the reverse is the case, as only two of them (common law and customary law) enjoy national spread, while Shari’ah is restricted to the North. In particular, common law, which is essentially and undeniably Christian law, enjoys special grace with the establishment of the magistrate courts and high courts by state governments as well as federal high courts, federal courts of appeal and the Supreme Court by the Federal Government,” the statement partly read.
Akintola further stated that customary courts also enjoyed national spread, noting that while it was understandable that southern state governments were opposed to Shari’ah law, since the governors were all Christians, the FG should “act in loco parentis by establishing Federal Shari’ah Courts the same way it established Christian common law courts throughout Nigeria.”.
He further stated that Shariah is a fundamental right of Nigerian Muslims as enshrined in sections 275, 276 and 277 of the 1999 Constitution of the Federal Republic of Nigeria, and as such a remedy should be sought by the NASS to enforce their rights.
“The constitution says Muslims have the right to operate Shari’ah. There is no argument about that anymore. But since the state governments are reluctant, the National Assembly must take responsibility for enacting a bill that will give the FG an enabling instrument to establish Shari’ah courts in the states, the same way it has established Christian common law courts all over the federation.
“Introducing this bill or amending the constitution to reflect it will give the executive arm of government the constitutional instrument for establishing Federal Shariah Courts after signing it into law. The ball is therefore in the court of the NASS for now.
“In addition, we appeal to the NASS to see this interrogation as an addendum to the memorandum submitted to the Senate Committee on Constitutional Amendment in Lagos on Friday, 4th July, 2025 which was replicated two weeks later when a copy was presented to the Committee of the House of Representatives on Constitutional Amendment also in Lagos on Saturday, 19th July, 2025,” the statement concluded.(Punch)
