The Muslim Ummah of South West Nigeria has declared that the faithful in the country have been prevented from enjoying their religious rights.
To this end, it has proposed an amendment to the country’s constitution to expand the powers, administration, composition, and jurisdiction of the Sharia Court of Appeal.
The group made its position known at the House of Representatives Committee on the Review of the Constitution, South West, Centre A Public Hearing, on Saturday, in Lagos.
MUSWEN, while presenting its memorandum at the hearing, reiterated that Muslims in Nigeria have long been denied full enjoyment of their religious rights, despite persistent calls for recognition and implementation since the colonial era.
It cited that “under Sections 262 (1 & 2) and 277 (1 & 2), the jurisdiction of the Sharia Court of Appeal is currently limited to Islamic personal law. This restriction represents a serious form of discrimination and a violation of the principle of equal access to justice for three main reasons”.
MUSWEN contended that “The Sharia Court of Appeal is not a court of first instance; it only hears appeals. Yet, its jurisdiction is narrower than the lower courts from which appeals originate. This has resulted in Islamic civil matters being tried on appeal by judges of the High Court, Court of Appeal, or Supreme Court—many of whom may not be Muslims or may lack adequate understanding of Islamic law.
It added: “Unlike the Sharia Court of Appeal, the jurisdiction of the Customary Court of Appeal under Sections 267 and 282(1) is not limited to personal law. This imbalance is unjustifiable and denies Muslim litigants equal rights within the legal framework.
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“Islamic civil matters (outside personal law) are often decided by British-style courts. This is problematic given the different legal foundations, procedures, and philosophies of the Sharia and British-styled courts. In many cases, non-Muslim judges rule on purely Islamic matters, which is both inappropriate and inequitable. A classic example is Abdulsalam v. Salawu (2002) 13 NWLR (Pt. 705) 505, where the Court of Appeal and Supreme Court ruled that the Sharia Court of Appeal lacked jurisdiction in the matter of appointing a Chief Imam—demonstrating the consequences of the constitutional limitation”.
Against this background, MUSWEN proposed that the word “personal” be expunged from Sections 262(1 & 2) and 277(1 & 2) to allow broader jurisdiction for the Sharia Court of Appeal.”
MUSWEN’ proposed further: “Amend Section 272(1) of the Constitution to strip the High Court of jurisdiction over Islamic civil matters.
“The new wording should read: Subject to the provisions of Sections 251, 262, and 277, and other relevant provisions of this Constitution…”
On devolution of powers, MUSWEN supported the review of the Exclusive Legislative List and the transfer of more items, such as natural resources, local infrastructure, taxation to the Concurrent Legislative List.
In the same vein, it recommended recognition of the six geopolitical zones as federating units, with powers to operate regional constitutions as in the 1963 Constitution, proposing that section 2(2) should be amended to reflect the six zones as political-administrative regions.
Speaking on Fiscal Federalism and Resource Control, MUSWEN supported the principle of derivation and recommended reverting to the revenue-sharing formula of Section 140 of the 1963 Constitution, which provides 50 percent of royalty and mining rents to the producing region; – 30 percent to the distributable pool account; – 20 percent to the federal government.
It advocated that States/Regions should be permitted to explore and manage their resources, remitting agreed royalties to the federal government.
MUSWEN also recommended that local governments should be given autonomy as an independent tier of government, while more powers be devolved from the concurrent and/ or residual legislative list to the local government.
In doing this, it called for amendment to section 7 to reflect that LGAs should be funded directly from the consolidated revenue account and their powers be clearly spelt out, advocating that the states should “hand off primacy education institutions”.
MUSWEN also pushed for a bicameral legislature with reduced membership, recommending that the Senate should be advisory and composed of non-political stakeholders.
Similarly, it proposed that the House of Representatives should have part-time members with 12 members per zone, calling for amendment to Section 48 to reflect the advocated structural changes.
On Electoral Reforms, MUSWEN supported the proposal in HB, 1589 for involving the National Judicial Council in the appointment of INEC Chair to ensure independence.
It recommended regional electoral commissions to conduct LG elections concurrently with general elections. “Support HB. 1154 mandating resolution of election petitions before swearing-in of elected officials. – Proposed tenure of LG officials to be extended to 4 years”.
Additionally, the organization strongly recommended constitutional protection of Muslim women’s rights to wear the Hijab, citing that section 42 should be expanded or clarified to prohibit any form of discrimination, in schools, workplaces based on religious dressing.
Lagos State Governor, Babajide Sanwo-Olu in his goodwill message at the hearing posited that the review of constitution is long overdue, declaring that it was not fair that the state, which shoulders the burden of many other states, does not enjoy special status.
Sanwo-Olu who was represented by his Deputy, Dr Obafemi Hamzat, while justifying Lagos position, recalled that Lagos and Kano States were created in 1967, but in 1991, Jigawa was carved out of Kano State.
However, he complained that while Lagos had remained the same with 20 Local Governments, Kano now has 44 LGs, while Jigawa has 27 LGs, describing the arrangement as unfair.
“As a nation, we cannot and we should not continue to deceive ourselves. We must be guided by the principle of inclusiveness, equity and justice.
“It is not about emotion, it is about facts and fairness. Is that fair? Is that right?
“What we are asking is that the 37 Local Council Development Areas we have given birth to since 2000, should be listed in the constitution.
“Can we have a child that is 25 years old without giving them a birth certificate?. Let us get our birth certificates,” Sanwo-Olu demanded.
He further justified that the issue of special status for Lagos is not a unique thing to the state, rather, it is the same in Brazil, Indonesia and others.
Sanwo-Olu restated: “When you move your capital from one place to another, you do not abandon where you left. For me, as a nation, let us be fair to Lagos and everybody”.
He also recalled that Lagos contested the population figures of the Nigeria Population Commission in the 2006 census in 19 local government areas at the tribunal.
He stated: “The tribunal agreed with us on what we raised in 18 local government areas. Let us even agree with the figure, Alimosho LGA in 2006 was given a population of 1,371,000 while Bayelsa has a population of 1.67 million”.
Governor Sanwo-Olu highlighted the need for genuine federalism and devolution of powers, electoral and judicial reforms and special seats for women, at the Legislative house.
On State Police, Governor Sanwo-Olu stressed that the State totally supported the move, for effective community policing, asserting that the advocacy is not about semantics, but about protection of people.
While reacting to the move to outlaw politicians defection from the party through which they were elected, Dr Hamzat posited that what should be prioritised are democracy and its institutions, adding that the verdict of electing political office holders should be left with the electorates.
The Chairman of the Committee, Rt. Hon. Isiaka Ibrahim Ayokunle, in his welcome address announced that the exercise was a procedure, saying that it would be followed up with the next legislative processes.
Ayokunle, who doubles as the House Deputy Chief Whip, pointed out that apart from the recommended bills passing through first reading; after, two third of the Chamber must consent to all recommendations, after which the Conference Committee of the National Assembly will compare notes – to harmonize areas of differences, after which the amended bills will be passed down to States House of Assembly for their inputs, before being passed into Law.
Hon. Adekunle pledged that all memorandum submitted would be looked into, pledging transparency in the exercise.
The Eagleonline reports that Centre A of the Public Hearing comprises: Lagos, Ogun and Oyo states.
The session was attended by the Committee’s Deputy Chairman, Hon. Jide Benson, Kafilah Ogbara, Seni Adio, former Governor of Ogun State, Senator Gbenga Daniel, former Lagos State Deputy Governor, Prince Biodun Ogunleye, his Ogun State counterpart, Gbenga Kaka, former Minister of Works, Adeseye Ogunlewe, traditional rulers, among other dignitaries.
The Eagleonline reports that memoranda were submitted by trade unions, NGOs, women’s groups, youth bodies, religious bodies, among others.
