₦airaland Forum

Complied by: AbdulQowiyy Olalekan Badmus,
PhD candidate in Judicial Studies at the Faculty of Sharī'ah, Islamic University of Madinah, Kingdom of Saudi Arabia

1. That there are over 16,000 Central Mosques in Yorubaland and over 300,000 Ward/Compound Mosques.

2. That the Independence Constitution of 1960, the 1963 Republican Constitution, both entrenched the establishment of Sharia Court of Appeal, just as the 1979 Constitution in S. 240-244 and S. 259(1) of 1989 Constitution did as well.

3. That the genesis for this legitimate agitation for a Shari'ah judiciary in Yorubaland has started in Lagos as far back as 1894 when Muslims in Lagos requested the implementation of Sharia on them from the then colonial Governor of Lagos, although the request was not granted.

4. That Muslims in Lagos repeatedly submitted another petition on the Sharia issue to the British imperialists in 1923.

5. That Timi Habeeb Olagunju (d. 1900) and Oluwo Muhammad Lamuye (d.1906) applied Islamic injunctions in the administration of customary matters in their palaces during their reign.

6. That the a Native Sharia Court was opened at Agbeni area in Ede in 1913, although was later abrogated in 1918.

7. That in 1948, the demand for Sharia Courts was made by Ibadan Muslims from the then colonial administration. In their petition, it was said, the Muslim petitioners confirmed that more than four thousand divorce cases involving Muslims were arbitrarily handled, while the Muslim couples were 'separated like dogs' (in their words).

8. That in the same 1948, the Muslim Congress of Nigeria with its headquarters in Ijebu-Ode submitted a memorandum to the Brooke's Commission of Inquiry. The memorandum was said to have called for the establishment of Muslim Courts in the South.

9. That it is on record that Sharia Courts were in operation before independence in the Southern cities of Iwo, Ede, Epe, Ikirun, Ibadan, Iseyin, Auchi, Agbede and Lagos. Although were not reported to have gained the Government's support.

10. That in September 12, 1992. Hon. Justice Abdul Kadir Orire (rtd), the then Grand Kadi of Kwara State Sharia Court of Appeal visited the newly created Osun State in a tour to enlighten the Osun State Muslim Community on Sharia, and their constitutional right to implement it in the state.

11. That on December 1999, a memorandum was sent to Osun State House of Assembly by the League of Imams and Alfas on behalf of the Muslim Community of Osun State requesting for the establishment of Sharia Courts in the State for the Muslims, being their constitutional right.

12. That a memorandum was submitted to the then President-Elect General Olusegun Obasanjo on the non-negotiable demands of Southern Muslims in the 4th Republic the memorandum underscored the issue of Sharia Courts establishment and it was published by New Nigerian newspaper on April 8, 1999. Pg. 20

13. That the Yoruba Muslim demand has always been that it is the mandatory duty of S/W states to establish a Sharia Court of Appeal and subordinate Courts of first instance for their citizens who are Muslims, considering their substantial number in the population of their various states. This, they demand, in line with the constitutional provision, and against the backdrop of their belief that doing so will further assert accepting the reality of what made up Nigeria since they belief that Nigeria is NOT a secular state but a multi-religious sovereign nation under God.

14. That they demand this be done the same way the authority established Muslim and Christian Pilgrim Boards and just as some states have done in case of Customary Courts of Appeal, as done in states like Plateau, Edo, Delta among others.

15. That the common law court jurisdictions should not be forced on the S/W Muslims as the only alternative left with them whenever they need to seek a legitimate legal redress in their issues of personal law, since the Marriage Act Cap. 218 of the Laws of Federation and Lagos 1958, the Will Law and Law of Administration of Estate are all extant Christian family laws in operation in our courts, and since arguably, the common law is deemed a Christian Law as proven with history and espoused by eminent English Jurists, like Lord Denning, Lord Finely and Lord Summer. Precisely in the latter's popular submission in the case of Bowman V. Secular Society ltd.

16. That Nigeria is not the only country in Africa South of Sahara to accommodate Sharia, since the same is found in Kenya, Tanzania, Ethiopia, Uganda, Gambia and even in Sri Lanka there are Sharia Courts, even though the Muslim population of that country constitute only about 8% of the population!.

17. That the establishment of Sharia Courts is exclusively meant for the Muslims and parties who wish to be adjudicated according to the Sharia principles, and its establishment should not be misconstrued as a prejudice to the rights of non-Muslims or an agenda to Islamize Nigeria. After all, the Coptic Christians of Egypt who accounted for less than 7% of the Egyptian population enjoy the facilities of Coptic Communal Courts, and a Coptic Communal Court of Appeal. Yet, Egypt is not a Coptic state.

18. That the Sharī'ah arbitration being exercised by the existing Independent Sharī'ah Panels in Yorubaland is undoubtedly one of the recognised alternative dispute resolution methods in Nigeria. The Supreme Court of Nigeria in Agu v. Ikewibe has upheld the validity of such informal arbitrations. Also, S. 277 of the constitution recognises the jurisdiction of Sharī'ah as a source of law.

19. That it was after all attempts to convince the Southwestern states to establish Sharī'ah Courts of Appeal has failed that the Muslim Community of each state started to launch ADR platforms named “Independent Sharī'ah Panel” in order to adjudicate on Muslim disputes according to the Sharī'ah, and to fill the lacuna in the judiciary of their various states, as there are no courts of competent jurisdiction to handle matters related disputes related to Islamic personal law in these states, neither the High Court nor the Customary Court. (the Supreme Court has ousted the jurisdiction of both courts on civil matters of Islamic personal law in Alkamawa v. Bello and Usman v. Umaru).

20. That already, there are Shari’ah panels sitting at the Central Mosque, Oja Oba, Ibadan, Oyo State (since 1st May, 2002); Abesan Central Mosque, Ipaja, Lagos State & 1004 Estate Central Mosque, Victoria Island, Lagos State (since 2003); Egba Muslims Central Mosque, Kobiti, Abeokuta, Ogun State (since 17th January 2018); Osun State Muslim Community Secretariat, Ring Road, Oshogbo (since 2005); Oja-Oba Central Mosque, Ado Ekiti, Ekiti State (held its first sitting in January 2025).

21. Meanwhile in a latest development, the Customary Law of Lagos State in its S. 22 provides for that the Lagos State Judicial Service Commission may designate a court to adjudicate on Islamic Law and Matters in relation to marriage, divorce, custody, and inheritanyas it seems fit. This was effected in 2022 when the CJ of Lagos State designated the Ifako/Ijaye Customary Court to sit on matters of Islamic personal law. While this unprecedented move by the Lagos State government is commendable, it raises substantial questions of conflict of jurisdiction that could not be overlooked. Hence, effecting the provision of S. 275 (1) of the 1999 CFRN remains the only plausible way towards filling the judicial lacuna of Muslims' personal law adjudication in the Southwest.

22. That Yoruba Muslims bear no grudge for any, and have always been tolerant of adherents of other faiths. For this, they should be allowed to implement their God-given and constitutional right to adjudicate with laws of their religion, the Sharia.

For more details, see: 'Muslims & Islamic Law in Southern Nigeria (1899-1999): edited with notes and pictures by 'Abdul Lateef Adekilekun (2001), Moyanjuola Publishers Ede) & The Institution of Sharī'ah in Oyo and Osun States, Nigeria, 1890 - 2005". The PhD thesis of now Professor Abdul Fattah Kola Makinde

The Kingdom of Saudi Arabia strongly rejects any evil plan to displace the Palestinian people from their homeland and would accept nothing less than the establishment of the Palestinian state on the 1967 borders with East Jerusalem as its capital

The Kingdom emphasises that this unwavering position is non negotiable and not subject to compromise

ricson11:

https://www.youtube.com/watch?v=CRBhSOhGUc4?si=-uUAd5Yk9PhnvNCk

A man killed his best friend and sold his body parts for 20k in Ogun State

Better delete this! It is an old news, it happened around 2019/2020 in Iwo Osun State...