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Islamic Banking Is Illegal - Court - Politics (3) - Nairaland

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Re: Islamic Banking Is Illegal - Court by violent(m): 12:47pm On Jun 16, 2012
gidiMonsta:

The fact that you choose to hurl insults at me rather than bring up a counter argument to the points I raised shows your level of bias and bigotry.

I'll ask again; what part of the laws of the Federal Republic of Nigeria forbids the CBN from granting license to a religious bank? How does Islamic banking affect you?

The CBN is an institution. It was established to achieve an objective. To achieve those objectives, it must be given certain powers. Those powers are contained in an act called the CBN act. Anything outside the provisions of this act is beyond it's powers.

In reality, there are a thousand and one things the CBN cannot do:

The CBN cannot impeach the President of a country or a Governor of a state
The CBN cannot pronounce a man guilty of a federal or state crime
The CBN cannot pronounce a company bankrupt
etc etc

So, you see, those smart people that established the CBN acts, rather that list all the million things the CBN cannot do, believe it's expedient and practical to list only the things the CBN may exercise powers over. Anything beyond those powers given is illegal. If the establishment of an Islamic Bank is beyond the provisions of the CBN's powers, then it's illegal simple as ABC. Hopefully you have enough smartness to understand this basic explanation.

How does Islamic banking affect me? It doesn't!...I am less bothered if it is called Sango bank or Mohammed Bank. What affects me as a Nigerian citizen is a bold shameful way leaders trample on the Nigerian constitution. It makes us look really bad in the midst of our foreign friends whose governments respects and protects their constitution. It makes a joke of the sacrifice of all those who may have died trying to make the country a better place and provide a better future for our children!

The question back to you is: How does Islamic Banking affect you? ....I am sure even you, will begin to see who the real Bigot is between us two.

7 Likes

Re: Islamic Banking Is Illegal - Court by NAJALYN: 1:25pm On Jun 16, 2012
It means Sanusi introduced islamic banking without doing his home work. Too bad.
Re: Islamic Banking Is Illegal - Court by Ayoobscom(m): 2:04pm On Jun 16, 2012
Congratulations to Muslims having ascertain God's one approved model of banking.
the other important one is making Friday a resting day so that we could observe jummah free mindedly without having to rush like our beloved Christian counterpart as Sundays

My fiancy was Christian but she's studying Quran gradually insha Allah after declaring amazing interest in Islam
A good Muslim would tolerate Christians and vice vasa


I'm Muslim but they are my friends that was how I could meet one a fiancy

Islamic banking should not be an issue for a good one among them

No man pays interest with smiling face

So ...Biko..ejowo ..duallah

1 Like

Re: Islamic Banking Is Illegal - Court by odedele: 2:22pm On Jun 16, 2012
let d NASS go ahead wit d CBN amendment.dis bigot has abused it.
Re: Islamic Banking Is Illegal - Court by bakila: 2:23pm On Jun 16, 2012
violent:


What evidence do you have to prove that the Judge's statement must be very flawed? He's a Federal High court Judge and must have spent several years of his life studying and debating issues in Nigerian Law, what grounds do you have, either through experience or knowledge to challenge his claims?

He mentioned that there are no laws that gives the CBN powers to issue such license, and you,- a stu[i]p[/i]id cu[i]n[/i]t, probably without a dose of knowledge on the Nigerian constitution - are asking to see what laws prohibit the CBN from issuing such licence? The CBN as an insitution has it's boundaries and it's powers are defined within an act of the National Assembly!

What has this gotten to do with Church-owned Universities? We are talking about the deliberate, shameful, infamous, attempt to circumvent provisions of Nigerian laws by the people that ought to be role models of the society, and you are foaming trash about Christian owned Universities....who the hell said this is about religion? If the establishment of those Universities are not provided for by an act of the National Assembly then they must be illegal and should rightly be shut down as should this little infamous islamic banking project!

I am sick and tired of hypocritical Nigerians who demand integrity, honesty, Justice and selflessness from their leaders, but are themselves happy to see the law pissed upon as long as it suits their own selfish religious/tribal interests!
Re: Islamic Banking Is Illegal - Court by mabcos: 2:51pm On Jun 16, 2012
Kobojunkie:

Islamic law is not LEGAL according to Nigerian constitution. If you love it so much, go to countries where it is legal and take advantage of them to your hearts content. In Nigeria it is ILLEGAL and so should be done away with.
...AKA SHARIA LAW. THINK ABOUT SHARIA COURT. SO WHAT ARE U BLABING? WETHER U BELIEVE IT OR NOT, THAT OF ALMIGHTY GOD IS THE SUPREME.
Re: Islamic Banking Is Illegal - Court by Yommykixz(m): 2:59pm On Jun 16, 2012
I think you people are just bitter about the name 'ISLAMIC', I see no reason to go against them, since they are not dragging you to bank with them.
This is just a blatant abuse of freedom, do we ever hear stories when other banks are introduced?
'FREE YOUR MIND FROM HATE'.
Re: Islamic Banking Is Illegal - Court by Sealeddeal(m): 3:03pm On Jun 16, 2012
Onyocha: CORRECTION:

it was not Sanusi that started the Islamic Banking provision or gave it license.it was a christian and an igbo man that did.Charles Soludo is his name.

as for the confused judge,he really does not have a clue on how to promote his religious bias and sentiments.he is lost.the way a bank decides to operate its business solely have to do with the owners of the bank and whether or not the CBN approves of that mode of operation.as far as the Islamic Bank does not force anyone to bank with it,there is no question of constitutionality.

if the name "Islamic Bank" is what is tormenting Christians,christians should open their christian banks and charge interest.Oyedepo,Adeboye and Oritsejafor are all very rich men.

if the constitutionality of Islamic Banking is put into question,then Muslims too would have the right to question christian and muslim schools and universities where students are forced to follow a religion they do not adhere to.
.....you are going too far.u should not look at it in sentimental way.i just saw where u mention Oyedepo and so and i understand u've gone out of the issue.the issue is,looking at BOFIA,CBN act in issuing a license to a bank,is Jaiz bank legal?did the judge ruled well?
Re: Islamic Banking Is Illegal - Court by 9javoice1(m): 3:15pm On Jun 16, 2012
by Onyocha: 10:43am
CORRECTION:
it was not Sanusi that started the Islamic Banking provision or gave it license.it was a christian and an igbo man that did.Charles Soludo is his name.
as for the confused judge,he really does not have a clue on how to promote his religious bias and sentiments.he is lost.the way a bank decides to operate its business solely have to do with the owners of the bank and whether or not the CBN approves of that mode of operation.as far as the Islamic Bank does not force anyone to bank with it,there is no question of constitutionality.if the name "Islamic Bank" is what is tormenting Christians,christians should open their christian banks and charge interest.Oyedepo,Adeboye and Oritsejafor are all very rich men.if the constitutionality of Islamic Banking is put into question,then Muslims too would have the right to question christian and muslim schools and universities where students are forced to follow a religion they do not adhere to.

you see why we told all abokis to read news and stop listening to hausa radio news. the bold is a lie and false,
chukwuma soludo an igbo man as you put it is talking about non interest banking. there are a lot of non interest banking service without sharia tenet.
SLS a religious bigot he is can't hide his extremism.

1 Like

Re: Islamic Banking Is Illegal - Court by Godjone(m): 3:16pm On Jun 16, 2012
Dis is plus öne 2 agitators ola makinde, oristejiafor and xtains. Kudos 2 u gabriel kolawole 4 dis brave dicision, posterity wil always remember u. And 2 d sponsors of islamic banking, shame on u. Islamic banking is not only dead, it is buried and 4goten til eternity. Nobody can islamise 9ja
Re: Islamic Banking Is Illegal - Court by nduchucks: 3:17pm On Jun 16, 2012
naijaking1: What in the world did the judge mean by saying that the plaintiff has no locus, even a Nigerian citizen?

It simply means that the plaintiff had no grounds to bring the lawsuit forth. It may be easier to give an example of a party which could have locus standi: A bank could challenge the CBN for revocation of its banking licence, and takeover of its assets by Nigeria Deposit Insurance Corporation, and question the CBN act in the process of seeking relief.

What relief was Mr.Godwin Sunday Igboji seeking? And what has he suffered as a result of the establishment of Islamic bank? This is one of those cases that could be deemed frivolous. The judge correctly threw the case out.

@Oga gidiMonsta, you will not gain anything by calling people Islamaphobes, why undermine your credibility with inflammatory statements?

@Mallam violent, you stated this:

the CBN acts, rather that list all the million things the CBN cannot do, believe it's expedient and practical to list only the things the CBN may exercise powers over. Anything beyond those powers given is illegal. If the establishment of an Islamic Bank is beyond the provisions of the CBN's powers, then it's illegal simple as ABC.

I generally agree with your comments here. I'll only add that what the CBN can do, as contained in the CBN acts, is not exactly black and white. Many of the provisions are quite broad and, as you stated elsewhere, should be tested in court.

Given the sad state of our society, I do not expect any party with the so-called locus standi, to bring forth a credible lawsuit.

The first Islamic Bank is operational and has already provided over $1billion in loans and loan guarantees to the Agric sector - I say, let them be. These banks will be assets to the country.

I suspect that people just don't like the phrase "Islamic Bank". It may be helpful to know that the first such bank is named Jaiz Bank Plc, the word Islam is not part of name.

The Chairman of Jaiz Bank, Alhaji Umar Mutallab, is the father of the underwear bomber, but was not implicated in anyway and he even reported his son to the authorities. Is this one of the reasons why people oppose the bank?

I'd rather believe that those opposed to "Islamic" banking are ignorant, than being bigots, but what do I know.
Re: Islamic Banking Is Illegal - Court by begwong: 3:30pm On Jun 16, 2012
sshebi formation of isslamic bank in nigeria wass part of the reqmt from BOKO HARAM
Ok oo! exppect more bombings,dis tym d targetss na judiciary.
Re: Islamic Banking Is Illegal - Court by linearity: 3:48pm On Jun 16, 2012
naijaking1: Please lawyers in the house help; what in the world did the judge mean by saying that the plaintiff has no locus, even a Nigerian citizen?

To have a locus standi, one must proved that the action that he is opposing directly affects him or caused or will cause him a direct harm or deprives him or her of his right, duties, etc....

If CBN grants a bank a license in violation of the constitution, I do not think ordinary citizens have locus standi to sue to address the violation.

However, a Senator or federal legislator or minister of finance who have the duty to approve such transitions have the locus standi to sue because they can argue that, their constitutional duties, roles and responsibilities were undermined, abused when CBN granted the license without due consultation and their approval...but do not hold your breath for these people to sue.
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 3:58pm On Jun 16, 2012
aguiyi:

you done come again with your self contradiction abi

Are you blind? NOT LEGAL ==> ILLEGAL . . .. what part of that is contradictory to your senses?
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 3:59pm On Jun 16, 2012
Leqsy: cccccc.....u gat problems

And you don't? undecided
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 4:00pm On Jun 16, 2012
Onyocha: CORRECTION:

it was not Sanusi that started the Islamic Banking provision or gave it license.it was a christian and an igbo man that did.Charles Soludo is his name.

as for the confused judge,he really does not have a clue on how to promote his religious bias and sentiments.he is lost.the way a bank decides to operate its business solely have to do with the owners of the bank and whether or not the CBN approves of that mode of operation.as far as the Islamic Bank does not force anyone to bank with it,there is no question of constitutionality.

if the name "Islamic Bank" is what is tormenting Christians,christians should open their christian banks and charge interest.Oyedepo,Adeboye and Oritsejafor are all very rich men.

if the constitutionality of Islamic Banking is put into question,then Muslims too would have the right to question christian and muslim schools and universities where students are forced to follow a religion they do not adhere to.

It really does not matter what started it. What matters is that it is not in tune with our laws and so should not be accomodated. If the laws are tweaked to, sure, but till then, NO!
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 4:02pm On Jun 16, 2012
ceejay80s: Have u heard of saint anthony bank, saint dominic bank, saint jude bank, saint charles bank? Then why will there be a mohammed bank?

I don't think the problem is in the Name of the bank, but in the PRINCIPLES GUIDING THE BANK. You can as well name a bank Jesus BANK,or Mohammed Bank, as long as the PRINCIPLES are according to current secular laws which exist, you are fine.
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 4:04pm On Jun 16, 2012
ismhab:
Is better for u to go back to yaba hospital, ur number six is no longer working u need rubber brain, u are sick and u need special artificial monkey or donkey brain transplantation.

YOu and your family are the sick ones here. That you would read a simple comment and immediately tell me I am sick implies you are most likely projecting there and DENIAL is not going to help cure your sickness.
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 4:08pm On Jun 16, 2012
gidiMonsta:

So because the christians didn't start it makes it illegal?

BTW: Christian laws forbid ursury in business transactions.

Rubbish. There are NO Christian Banks because the laws DO NOT PERMIT Banks, modeled after Christian Beliefs to exist either.

This is not an attack on your precious religion. This is about ensuring the LAWS STAND, and STAND FIRM no matter the RELIGION affected. If you want Islamic Banking,Or Christian Banking, Or even Ogbanje Banking, to be allowed, GO THROUGH THE RIGHT CHANNELS. It is that simple.
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 4:11pm On Jun 16, 2012
linearity:
If CBN grants a bank a license in violation of the constitution, I do not think ordinary citizens have locus standi to sue to address the violation.

Actually, I disagree with that. The CBN choosing to violate the very agreement that establishes, and maintains this nation as a union directly affects Nigerians and Nigeria as a whole, as it sends a message that our constitution(our union) is not strong.
Re: Islamic Banking Is Illegal - Court by Akpan107(m): 4:29pm On Jun 16, 2012
gidiMonsta: Islamic banking again? I tire for this islamophobists oo.

The Judge's statement is very flawed and if he had ruled in favour of Godwin, the CBN would have had the judgement easily thrown out at the Supreme Court. The judge knows this hence his locus standii excuse, there is no law that states that the CBN cannot issue a license to a bank to run Islamic banking.

I don't know what all the fuss is about, heck! There are Church-owned Universities in Nigeria that forces all students to take bible study classes, is that NUC approved?

Nigeria is a secular state, where you're free to practice ur religion as long as it doesn't infringe on others, so unless someone can tell me how Islamic banking affects you now and not some conspiracy crap, y'all can stop making noise and let's move on to more pressing issues.
My friend, let me ask you please, I need N2.5m from the Bank, to start the construction of my private living house, and will pay back in six Months time. When returning the Money, will i just give back the same N2.5m and say 'THANK YOU' and go my way?
Re: Islamic Banking Is Illegal - Court by rhymz(m): 4:40pm On Jun 16, 2012
I once pointed out the imminent problems Sanusi's unilateral licensing will cause.
We never even finish the argument already person don drag the matter go court. . .lol. Sanusi acted like a desperado and tried to exploit our financial laws using his position as CBN governor.
People should stop peddling lies about the CBN having unilateral powers to alter the rules guiding the establishment of Non-interest banking. Sanusi hurriedly drafted guidelines that gave the islamic banking system a superior status different other non-interest banking models without any recourse to the legislature to review the BOFIA act of 2004.
Even if CBN has powers to issue such licence, approvals must come from the finance minister.
When Jaiz bank got its licence there was no minister.
What sanusi did was illegal, he overstretched his powers and tried to usurp the powers of the legislature. The CBN can only give licence based such drafted guideline after the minister of finance has approved of it. The minister on the other hand wont dare give such approvals until such guidelines have been legislated at the NA and signed into the BOFIA act. Anything outside that is illegal and Sanusi knows this.
Re: Islamic Banking Is Illegal - Court by Nobody: 4:53pm On Jun 16, 2012
ismhab:
Because we want our life activities to be guided according to islamic injunctions, after life there is dead and u will be judge by Almighty God accordingly.

You can't have it both ways dawg. You forefathers many years ago negotiated, agreed and compromised with ours to be in this entity called Nigeria with the "Constitution being the supreme source of legislation". If you feel different about this, why not seek to cease and dissociate yourself from this entity first so that you can do whatever you wish to stupor.
Re: Islamic Banking Is Illegal - Court by ikennahill: 4:58pm On Jun 16, 2012
diplomatic judgement.locus standii is rubbish here
Re: Islamic Banking Is Illegal - Court by BetaThings: 5:15pm On Jun 16, 2012
Godjone: Dis is plus öne 2 agitators ola makinde, oristejiafor and xtains. Kudos 2 u gabriel kolawole 4 dis brave dicision, posterity wil always remember u. And 2 d sponsors of islamic banking, shame on u. Islamic banking is not only dead, it is buried and 4goten til eternity. Nobody can islamise 9ja

And this is proof that christians are tolerant?
But it is okay if somebody tries to christianise this country
Re: Islamic Banking Is Illegal - Court by rhymz(m): 5:28pm On Jun 16, 2012
People just hear "no interest charge" and go haywire clamouring for it without exactly asking what the pre-requisites are for obtaining their lones, what are the terms of agreements.
Do you know that to borrow money from an islamic bank, a business will have to give full disclosure of its profits since the bank will have to go into a profit sharing partnership with the business. Like how many serious Nigerian business owners laden with all the multiple taxes and levies he has to pay both state and fed government, not to talk of overhead expenses will be willing to share the meagre profits they make just because they borrowed money from the banks.

Do you all know that account holders in these banks are not entitled to any interest on the money kept in the vaults of these banks except when they are actually in business with the banks? By the nature of these banks they are heavily restricted to do just basic banking business hence the sources of funds for these banks are seriously limited. Most of their funds as supposed to be going to very small businesses whom most of the times do not get the monies as they hardly meet the pre-requisites of these banks. Then there is the security aspect to worry about as activities of these banks will be greatly shrouded in secrecy. For instance, in countries like iran and pakistan where they have islamic banking laws as their conventional banking system, the banks are not allowed to disclose the identity of account holders to the authorities, imagine a very porous country like Nigeria having banks whose activities can't be in the full glare of the public Gush, I shudder at the prospect of what will happening.

The problem here is that we do not have a cerebral president or Senate with equipped knowledge of what the islamic banking system is all about. They are only concerned with the illusional benefits without understanding how they hope to achieve these. People citing britain and America as countries with islamic banks fail to understand that in those countries, they operate under the guidance of non-interest banking rules and regulations of these countries. They do not have any paralell islamic laws along side the secular laws that guides regular banking systems there. There is no such thing as an Islamic council operated by their federal banks to oversee islamic banking in those countries, those are left at the discretion of each of those islamic banks. Even in core islamic states that practice it heavily, they have had to amend their constitution to accommodate the demands of islamic banking in their country. Here in Nigeria, in the event of a litigation between any of these banks and a client, our legal system do not have the expertise to hear the cases on the basis of the country's constitutional provisions. Besides, with the violence and agitation by Boko haram in the north for sharia laws, it is only a matter of time before most of the conventional banks will be intimidated out of northern Nigeria in exchange for islamic banks. Already, the man behind the JAIZ bank, Muttalab's Dad(whom obviously was one of the people pushing Sanusi) has already announced that the bank was going to be a regional bank- remember how Sanusi had to categorize our banks when he came in and gave us foolish explanations, now use your tongue to count your teeth.
I see some power brokers in the north trying to use Sanusi to get some serious economic relevance and control for their region through the back door, Sanusi.
Whoever does not see the plot is delusional, thinking there is going to be economic benefits for all Nigerian is laughable, wait until the so-called islamic council scheme you out with bureaucratic bottlenecks when you apply to their banks as a non-muslim.

1 Like

Re: Islamic Banking Is Illegal - Court by carlos86: 5:42pm On Jun 16, 2012
Let them have their Islamic bank.It will eventually collapse.I hope sanusi will not use government money to fund it.
Re: Islamic Banking Is Illegal - Court by adaybayor(m): 6:07pm On Jun 16, 2012
segunoz:
do not be foolish, nothing islamic should be encouraged on the national scale, there will always be extremists


You suffer from hereditary foolishness
Re: Islamic Banking Is Illegal - Court by ismhab(m): 6:08pm On Jun 16, 2012
colomb:

You can't have it both ways dawg. You forefathers many years ago negotiated, agreed and compromised with ours to be in this entity called Nigeria with the "Constitution being the supreme source of legislation". If you feel different about this, why not seek to cease and dissociate yourself from this entity first so that you can do whatever you wish to stupor.
WE WILL NOT, AND WE WILL PRACTICE OUR RELIGION THE WAY IT IS, NO BODY CAN STOP US FROM DOING SO, WHO EVER HE IS!!!

1 Like

Re: Islamic Banking Is Illegal - Court by adaybayor(m): 6:14pm On Jun 16, 2012
rhymz: People just hear "no interest charge" and go haywire clamouring for it without exactly asking what the pre-requisites are for obtaining their lones, what are the terms of agreements.
Do you know that to borrow money from an islamic bank, a business will have to give full disclosure of its profits since the bank will have to go into a profit sharing partnership with the business. Like how many serious Nigerian business owners laden with all the multiple taxes and levies he has to pay both state and fed government, not to talk of overhead expenses will be willing to share the meagre profits they make just because they borrowed money from the banks.

Do you all know that account holders in these banks are not entitled to any interest on the money kept in the vaults of these banks except when they are actually in business with the banks? By the nature of these banks they are heavily restricted to do just basic banking business hence the sources of funds for these banks are seriously limited. Most of their funds as supposed to be going to very small businesses whom most of the times do not get the monies as they hardly meet the pre-requisites of these banks. Then there is the security aspect to worry about as activities of these banks will be greatly shrouded in secrecy. For instance, in countries like iran and pakistan where they have islamic banking laws as their conventional banking system, the banks are not allowed to disclose the identity of account holders to the authorities, imagine a very porous country like Nigeria having banks whose activities can't be in the full glare of the public Gush, I shudder at the prospect of what will happening.

The problem here is that we do not have a cerebral president or Senate with equipped knowledge of what the islamic banking system is all about. They are only concerned with the illusional benefits without understanding how they hope to achieve these. People citing britain and America as countries with islamic banks fail to understand that in those countries, they operate under the guidance of non-interest banking rules and regulations of these countries. They do not have any paralell islamic laws along side the secular laws that guides regular banking systems there. There is no such thing as an Islamic council operated by their federal banks to oversee islamic banking in those countries, those are left at the discretion of each of those islamic banks. Even in core islamic states that practice it heavily, they have had to amend their constitution to accommodate the demands of islamic banking in their country. Here in Nigeria, in the event of a litigation between any of these banks and a client, our legal system do not have the expertise to hear the cases on the basis of the country's constitutional provisions. Besides, with the violence and agitation by Boko haram in the north for sharia laws, it is only a matter of time before most of the conventional banks will be intimidated out of northern Nigeria in exchange for islamic banks. Already, the man behind the JAIZ bank, Muttalab's Dad(whom obviously was one of the people pushing Sanusi) has already announced that the bank was going to be a regional bank- remember how Sanusi had to categorize our banks when he came in and gave us foolish explanations, now use your tongue to count your teeth.
I see some power brokers in the north trying to use Sanusi to get some serious economic relevance and control for their region through the back door, Sanusi.
Whoever does not see the plot is delusional, thinking there is going to be economic benefits for all Nigerian is laughable, wait until the so-called islamic council scheme you out with bureaucratic bottlenecks when you apply to their banks as a non-muslim.


The heck is your problem? why not save yourself the stress....is anybody forcing you to bank with JAIZ, sick fellow with α̲̅ pathetic life
Re: Islamic Banking Is Illegal - Court by Kobojunkie: 6:15pm On Jun 16, 2012
carlos86: Let them have their Islamic bank.It will eventually collapse.I hope sanusi will not use government money to fund it.

That is not the point. The point is even those in leadership NEED TO OBEY THE LAW . . . Sanusi is notorious for going against our set LAWS and that should not be condoned.

This Gbenga man is a real Nigeria and his cause deserves the support of every Nigerian out there who wants a CIVIL society to emerge out of all this chaos.

1 Like

Re: Islamic Banking Is Illegal - Court by adaybayor(m): 6:17pm On Jun 16, 2012
BetaThings:

And this is proof that christians are tolerant?
But it is okay if somebody tries to christianise this country

Tell them bro....they always seeking undeserved sentiments, bunch of pathetic hypocrites cry wolf when there is non.

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