The Muslim Ummah South West Nigeria (MUSWEN) has reiterated its demand for Shariah Court to regulate the affairs of Muslims.
MUSWEN made this advocacy, during the Senate Zonal Public Hearing (south west) on the Review of the 1999 constitution, in Ikeja, the Lagos State capital, on Saturday, 5th July, 2025.
The organization in its memorandum submitted at the hearing, strengthen its position, by citing section 38 of the 1999 Constitution, which provides for freedom of religion, while section 42 outlaws any form of discrimination, either in terms of religion, age, gender, language or tribe.
MUSWEN which was represented by the trio of Tajudeen Balogun, Safiyullah Oladipupo and Abdul Jeleel Olayinka insisted that Shariah and regular courts should co-exist in every State of the Federation.
The organisation said
the government has an obligation to provide for the accessibility of right to justice for all citizens, Muslims or otherwise, stressing that there are certain aspects of a Muslim’s life which cannot be provided for or protected by the conventional courts.
“Instances are marriage, divorce, inheritance, zakat, etc. Thus, Shariah Courts as well as Shariah Courts of Appeal should be provided in all States, so as to make law and justice accessible to everyone, regardless of where they may reside or their religion,” it said.
MUSWEN asserted that squeezing Islamic personal law through the inhomogeneous procedural mechanism of the customary court would only be tantamount to forcing a square peg into a round hole – a manifest misfit, hence, the Supreme Court, has, “in plethora of cases, laid to rest, all the contentions around analogousness or otherwise of Islamic and customary laws”.
It noted that late Justice of Supreme Court, Niki Tobi’s (a devout Christian) position on Shariah was instructive.
The late jurist affirmed: “Islamic law, unlike customary law, is written. Islamic law is rigid, precise with divine ossification and rigidity. There is no basis for any speculation or conjecture as in the case of customary law. The acceptability of Islamic law is a divine command by Almighty Allah and therefore spontaneous on the part of all Muslims. Islamic law therefore does not depend on its acceptability by Muslims because that is taken for granted. Any person who disobeys the divine words of the Quran cannot call himself a Muslim. Such a person is not with Allah and will be regarded as an unbeliever”.
MUSWEN in its memorandum, on Federal structure and devolution of power, pointed out that the Exclusive list is overburdened with 68 matters to legislate on, recommending that the federal government should devolve more powers to Regions and States and Section 2(2) of the constitution should recognize six zones if not regions, in line with the already established six geo-political zones.
“Each zone or region should have control over the resources within the States constituting the Region or zone subject to maximum profit of 30% royalty to the Federal Government.
“Consequently, MUSWEN is of the view that because mineral resources are spread across all parts of the country, the provision of Section 140 of the repealed 1963 Constitution is hereby recommended” which according to section 140(1) provides: “There shall be paid by the Federation to each Region a sum equal to fifty per cent of; The proceeds of any royalty received by the Federation in respect of any minerals extracted in that Region; and any mining rents derived by the Federation from within that Region”.
MUSWEN also advocated for local government autonomy, citing section 7 of the 1999 Constitution which recommends that the local government system should be amended, to include autonomy of LGs under the respective States.
On the rights of women, MUSWEN, while making reference to several Quranic verses, declared that the use of Hijab is in line with the right to religion provided in Section 38 of the Constitution, adding that discrimination against Muslim women and girls either at work place, school or other public places is a violation and contradiction to Section 42 of the 1999 Constitution.
“It is therefore strongly recommended that the Constitution be strengthened to protect the Muslim women against discrimination, particularly with regards to dressing and the use of hijab, either in schools, work places and/or public offices” MUSWEN demanded.
On the right to qualitative education, MUSWEN submitted: “Thus, the issue of education should be taken from Section 18 of the 1999 Constitution and moved to Chapter 4 of the Constitution. This will ensure that qualitative education is provided at all levels in public education institutions by mandating managers of public education institutions (i.e. MDAs in the education sector) to compulsorily patronize public schools.
This will ensure adequate funding, monitoring and evaluation of public provision of education in Nigeria”.
The organization also advocated that public offices should be held in high esteem as the occupants require some level of intelligence, zeal and commitment to be able to govern their constituents adequately.
It posited that having basic education as a qualification, to an extent, ensures that the public office holders have the necessary level of intelligence.
Consequently, it called for a minimum of first University degree or Higher National Diploma (HND) as a pre-requisite for all aspirants vying for the offices of President and Governor, the legislative houses, including Chairman and Councilor of Local Governments.
In addition, it called for amendment of S65(2)(a), S106(c), S131(d), S177(d), of the constitution, so as to ensure that a minimum of first degree or its equivalent is met for qualification of election to the offices of President, Governor, member of National Assembly and member of State Houses of Assembly.
Earlier, the Senate Leader and Chairman of the hearing, Opeyemi Bamidele assured all stakeholders who presented, that their memoranda would be given due attention and consideration, adding that this was the reason he clamoured diverse advocacy – for critical amendment to the constitution.
In his remarks at the hearing, the Lagos State Attorney-General and Commissioner for Justice Justice, Lawal Pedro, (SAN) applauded the Senate’s Fiscal reforms bill, affirming that it aligns with the Supreme Court judgement, with respect to admission of funds to the local government areas and abolition of State-Local government joint account.
Pedro observed: “Policy decisions in many instances contradict the plain language of the Supreme Court judgement, using ordinary interpretation of the constitution, particularly by section 1,6, 2; 5 and 6.
“We have the opportunity to align with the constitution, with respect to the decision of the Supreme Court, so that there won’t be inconsistency”.
Alternatively, Pedro charged the Senate to restate the position of the constitution; better still, the National Assembly proclaimed the Supreme Court ruling as the legislative constitution.
The Commissioner also tasked the Senate to have a second look at the inconsistency observed in the bills, calling for more power to be vested on the States’ Independent Electoral Commission and another version advocating for creation of the national local government electoral commission.
On creation of Local Council Development Areas, from the parents’ local government councils, Pedro affirmed that the 1979 provides for such, with the relevant judgement, saying that the 1999 constitution is responsible for the present controversies.
The senior Legal head, while speaking on judiciary reforms charged that the necessary review be made, so as to avoid the Court of Appeal be turned to trial court of the election petitions, as well as to check the vacuum, always created by the elevation of the presiding officers from the lower courts, such as customary and magistrate courts, to higher courts.
In his presentation at the hearing, the Chairman, Conference of Speakers of State Houses of Assembly (South West), Hon. Adeoye Stephen Aribasoye raised concern on the irregularities that characterize sack of Presiding Officers.
Against this background, Aribasoye who is the Speaker of the Ekiti State House of Assembly said the Conference would work on standard conditions and make it available to the Constitution Review Committee – so as to avoid arbitrary removal of officers, just like in the cases of Governor and President.
The Ekiti Lawmaker pointed out that another challenge is the situation where the sitting Governor declines to inaugurate and proclaim a House of Assembly, sequel to stalemate between him and members.
He therefore proposed a constitutional amendment, where power to inaugurate and proclaim a legislative house, is relinquished from the Governor and vested on the Clerk of the House.
The Saturday hearing featured presentation of memoranda from MUSWEN, Nigeria Labour Congress (NLC) and Nigeria Union of Local Government Employees (NULGE), Lagos State Chapters; National Council of Women Society (NCWS); Nigeria Bar Association (NBA), different youth and Students’ Union bodies, Muslim Rights Concern (MURIC), as well as bills clamouring for creation of Lagoon, Ijebu, Ibadan, Oko Ogun, Ogbomoso States.
Senators who participated in the exercise on Saturday included: the Senate Leader, Opeyemi Bamidele (Ekiti Central); Banigo Harry (Rivers West); Shuaib Afolabi Salisu (Ogun Central); Abdul Fatai Buhari (Oyo North); Olamilekan Solomon (Ogun West); Wasiu Eshilokun (Lagos Central); Idiat Adebule (Lagos West); Tokunbo Abiru (Lagos East) and Adeyemi Adaramodu (Ekiti South).
The session was also graced by the Royal Fathers from different South West States.
The Public Hearing held simultaneously in the six geo-political zones of the country, from Friday up until Saturday.