From Ismail Omipidan
When the American comedian, Groucho Marx, defined politics as “the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies,” he probably may not have had Nigeria in mind. However, his definition appears to aptly capture the country’s situation.
And there can be no better illustration to situate it than the current brouhaha over the issue of Shariah in the South-West, with some governors and leaders from the region deliberately playing politics with the whole matter.
Historically, records show that the first Shariah court in Nigeria was established in Iwo, the present-day Osun State. Iwo community, Daily Sun gathered is a predominantly Muslim community. The first mosque, anywhere in Yorubaland, it was further gathered, was built in Iwo, in 1655. At the time, the mosque serves as both a place of worship and Islamic education.
Following the agitation of Shariah implementation in Nigeria, in 1999, therefore, the conscious Muslims in the South-West also came together to see how issues, especially about marriages could be attended to without necessarily subjecting parties to the rules of the conventional courts.
The development, Daily Sun’s investigations reveal, led to the establishment a Shariah Panel in Oyo State in 2001, and in 2002, Ogun State had its own, just as that of Lagos State began sitting in 2002. Three years later, Osun State also joined the league. Daily Sun further gathered that the Lagos State Judiciary went a step further by having a dedicated court to settling Muslims civil matters. The court is Customary Court in Ifako-Ijaiye. The court, investigations reveal, has been handling successfully several of such matters to the satisfaction and admiration of the Muslim faithful who subject themselves to the Islamic law and traditions.
Speaking on the development, a lawyer, former chairman of Muslim Lawyers Association of Nigeria (MULAN) and current Secretary, Legal Committee of Muslim Ummah of South-West Nigeria (MUSWEN), Hassan Taiwo Fajimite, told Daily Sun that to the best of his knowledge, the Ogun State Shariah Panel began sitting in 2018, at Kobiti Central Mosque, Abeokuta, the Ogun State capital. He was however quick to add that Muslims cannot continue to have an independent Shariah panel, insisting that it is high time a full-fledge Shariah Court is established across the states in the South-West, in accordance with section 275 of the constitution.
“The panel is a half bread. We accepted it, we are managing it, yet, they want to take it away from us. Now, we no longer even want the half bread. We cannot continue to have a half bread. We want a full-fledge Shariah Court with all the complements in accordance with the provisions of the constitution. I am calling on the governors in the South-West, to work hand-in-hand with the state legislators to give Muslims, Shariah courts in the South-West. As Muslims, we too must now make it a condition to support any governorship and state House of Assembly candidate. No Shariah Court, no vote,” he added.
In the entire South-West, only Ekiti and Ondo states do not have the Shariah panel or anything that looks like it, yet, there are indigenous Muslims in the two states. The agitation from the two states, is responsible for the current brouhaha, to the extent that even states that had been operating the panel for over a decade is trying to feign ignorance about its existence. For instance, the Ogun State Governor, Dapo Abiodun, in a statement he personally signed, declared that “the creation or operation of this unauthorised court to immediately cease all related activities and disband the illegal entity and all its apparatus. The Ogun State Government has noted the circulation of a digital notice announcing the launch of a Shariah Court in Ogun State.
“No Shariah Court is authorised to operate within Ogun State. The courts that are legally empowered to adjudicate disputes arising within Ogun State are those established by the Constitution of the Federal Republic of Nigeria or by state laws, which are: Magistrates’ Courts, High Court, Customary Courts, Customary Court of Appeal, Federal High Court, National Industrial Court, Court of Appeal, and Supreme Court.
“No law operating in Ogun State has established a Sharia Court, and Sharia law does not form part of the legal framework by which the Ogun State Government administers and governs society.
“The Ogun State Government upholds and protects the rights of individuals to practise the religion of their choice, or to subscribe to no religion, and recognises the freedom of individuals to apply their faith in their personal and private matters.
“However, this freedom does not extend to the formation of unauthorised assemblies or institutions. No individual or group is legally permitted to constitute a court or present themselves to the public as a court without legal backing. The Ogun State Government also advises members of the public to disregard any summons, documents, or persons associated with the illegal Sharia Court. Such occurrences should be promptly reported to the State.
“The Ogun State Government will uphold the rule of law, ensure respect for the legal and judicial framework within the state, and prevent a breakdown of law and order,” the governor added.
In response to the unwarranted attack on Islam and Muslims in the South-West, all in the name of politics of Shariah, the Jama’atu Nasril Islam (JNI) under the leadership of His Eminence, the Sultan of Sokoto and leader of all Muslims in Nigeria, Alhaji (Dr.) Muhammad Sa’ad Abubakar, appealed to governments to ensure that the rights of Muslims as enshrined in the constitution are protected.
In a press statement, issued on February 2, and signed by the Secretary-General of JNI, Prof. Khalid Abubakar Aliyu, JNI noted that it has “followed with keen interest the recent uproar over the establishment of Shariah panels in some parts of South-West Nigeria. The undue resistance, inflammatory rhetoric, and outright distortion of facts by certain groups opposing these panels are deeply concerning and least expected from a people that claim to be tolerant.
“The South-West Muslims have overtime been very considerate, tolerant and very understanding to have allowed their fundamental rights being adjudicated by what they call Shariah panels – like minds learned in the procedure and applicability of Shariah. But for how long will that continue? For the records, JNI calls on all to consider the following: the Right to Shariah Adjudication is Constitutional.
“We wish to categorically state that the right of Muslims to seek adjudication of personal and civil matters under Islamic law is not a privilege, but a constitutional right. The 1999 Constitution of Nigeria (as amended) guarantees the religious freedoms of all citizens, including Muslims. Specifically, Sections 38 and 275-279 provides for the establishment and operation of Shariah courts for civil matters where applicable. These panels do not infringe on the rights of non-Muslims but merely offer a voluntary alternative dispute resolution mechanism for Muslims who choose to settle personal matters—such as marriage, inheritance, and family disputes—according to Islamic law. For the discerning mind, Islam has very interesting and enriching inheritance codes that have remained inalienable to Muslims life.
“It is, therefore, mischievous and deceptive to suggest that these panels aim to ‘impose’ Shariah on non-Muslims. The panels are strictly for Muslims, adjudicating only cases where both parties consent—a practice that exists in various pluralistic societies worldwide.
“Islam is a religion of peace, and JNI under His Eminence, Alhaji (Dr.) Muhammad Sa’ad Abubakar CFR, mni, the Sultan of Sokoto remains committed to fostering harmony, justice, and peaceful coexistence among all Nigerians, irrespective of religious or ethnic backgrounds. However, peace can only be sustained when every group’s rights are respected. We, therefore, urge all Muslims to remain steadfast and law-abiding while advocating for their legitimate rights through appropriate channels.”
Lending its voice to the position of JNI, the Muslim Students’ Society of Nigeria (MSSN), B-Zone, which operates in the South-West, has also described the comments credited to the governors of Ogun, Oyo and Ekiti states on the matter as misrepresentation of the true situations of things.
In statement, signed by the trio of Dr. Moshood Kolawole (Amir), Mallam AbdulWakīl Omotayo O. Akanni (General Secretary) and Mallam Moshood Tahiru (PRO), the group noted that “the existence of a Shariah Panel does not in any way usurp governmental authority or contradict the laws of the land. It remains within the constitutional right of Muslims to practice their religion; just as non-Muslims enjoy religious institutions and tribunals tailored to their beliefs.”
The group further said “It is a matter of public record that Muslims in the South-West have suffered long-standing marginalization, to the extent that we have had to resort to the courts to secure the fundamental right of our children to wear the hijab—a religious attire—in public schools. Similarly, Muslim students have been unfairly punished for refusing to bring or sing Christian songs of praise in schools.
“Despite these challenges, Muslims in the South-West have remained the most tolerant of all religious groups. However, this tolerance should never be mistaken for weakness or stupidity. Rather, it reflects our commitment to peaceful coexistence and justice, values that should be reciprocated by all stakeholders in governance. We, therefore, urge the governors of Ogun, Oyo, and Ekiti states, along with all other stakeholders, to take a more informed approach to the discussion of Shariah Panels. These panels are lawful and constitutional, serving willing Muslims in personal and civil matters. We also call on all Nigerians to embrace the spirit of mutual respect and religious coexistence, ensuring that no group is shortchanged in a country that belongs to all.”