Hello,

I would like to have your comments on the Question of Nigerias Constitution and the influence of Religion.
Sometimes I wonder why we call ourselves Democratic, while we have the religious impact of Religion within the Constitution.
To make it clear. I myself respect Religion, but thats something personal I think??!!

In the constitution it says:

E - The Sharia Court of Appeal of the Federal Capital Territory, Abuja.

260. (1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.
(2) The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of -

(a) a Grand Kadi of the Sharia Court of Appeal. and

(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National Assembly.

261. (1) The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja unless -

(a) he is a legal practitioner in Nigeria and has so qualified for a period of not less than ten years and has obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; or

(b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than twelve years; and

(i) he either has considerable experience in the Practice of Islamic law, or

(ii) he is a distinguished scholar of Islamic law.

(4) If the office of the Grand Kadi of the Sharia Court of Appeal is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the President shall appoint the most senior Kadi of the Sharia Court of Appeal to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed.

262. (1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.

(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide -

(a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant;

(b) where all the parties to the proceeding are Muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant;

(c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim;

(d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim or the maintenance or the guardianship of a Muslim who is physically or mentally infirm; or

(e) where all the parties to the proceedings, being Muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.

263. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis of that Court.

264. Subject to the provisions of any Act of the National Assembly, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.

Whats your point to this?

It is your point that matters. Come to brass tacks or ship out.
Your mouth dey move like say you dey invite the bigots.

Ohh thats your point?? Nice!

kegikwanu:

Hello,

I would like to have your comments on the Question of Nigerias Constitution and the influence of Religion.
Sometimes I wonder why we call ourselves Democratic, while we have the religious impact of Religion within the Constitution.
To make it clear. I myself respect Religion, but thats something personal I think??!!

In the constitution it says:
Whats your point to this?

That is to tell you that Nigeria is an Islamic state by book. If you examine this part of the Constitution critically you will understand the Muslims have either two things in mind.

1. The  prospect of Islamizing the entire nation some day.
2. Holding unto power until the entity call Nigerian sized to exist.

Nigeria is already a secular state according to the provisions of our constitution

The Practice of Sharia as state religion in some Northern states is illegal and runs contrary to the Nigerian constitution as our constitution only recognises sharia as a personal law of choice (this fact is responsible for why they could not do anything legally to the man with 86 wives)

Our constitution as it is, is good enough for us to have a decent civilised life. Our problem is implementation and interpretation. We should spend more time as a Nation reading the provisions of 1999 constitution and implementing it correctly. It is a good document far better than what people describe it to be.

The dream of reforming the constitution will continue to elude us for a very long time to come. We are a country of 150 million people, over 200 ethnic groups, a history of civil war and military coups and a lot of mistrust. Our National psyche is not ready to agree on a constitution which is why that handed down to us by the millitary can only suffice. If you look at the 1999 constitution, read in-between the lines and with a broad mind you will realise that the military boys did a good job with the constitution they gave us.


The constitution was designed for rational beings and designed to stand the test of time. Unfortunately we have proven to be very irrational. And at this rate I doubt even if we reform the constitution we can adhere to it. In fact we are at risk of strengthening sharia in a possible constitutional reform.

If any lawyer musters the courage and takes the Governments of the sharia states to court he will win.

The 1999 constitution abhors state religion and any state laws that run contrary to federal laws.

im igbo and i support sharia.


Nigeria is a FEDERALIST government

the seperate entities in the countries, by edict of federalism, should be given total freedom to organize themselves however they want.
if some northern states want sharia there's nothing wrong with it, it's a part of the federalist experiment and it's totally appropriate for a country as diverse as nigeria.

i just wish the northerners and PDP would not be basis in what they preach and allow other parts to organize themselves as they wish
tinapa should be allow to be a free trade zone if zamfara can be a barbaric religio-fanatic state