On Thursday, 24th October 2024, the House of Representatives rejected a bill seeking to amend the Federal Constitution by expanding the scope for Sharia Law. The 1999 (Amended) Constitution permits States to enact Shariah provisions, but this right is explicitly limited to personal law, such as marriage, divorce, and inheritance.
The bill, sponsored by Bauchi State member Aliyu Misau, sought to remove the word “personal” wherever it appeared in sections 24, 262, 277, and 288 of the Constitution. Misau argued that restricting States to personal Shariah prevents them from implementing Islamic commercial law, which is required with the advent of Islamic banks.
Soloman Bob, representing Ahoada East/Abua/Odual Federal Constituency, Rivers State, opposed the bill, warning that it would expand the application of Islamic law beyond the “Personal matters” envisaged by the drafters of the 1999 constitution. He said, “The word ‘personal’ was put there for a reason.”
We are grateful to the National Assembly for rejecting this bill. In some ways, it could be viewed as a Trojan Horse. Zamfara State introduced Shariah Criminal Law in January 2000, and by 2002, a further 11 States had followed suit. Shariah Criminal Law goes far beyond the Constitutional permit but is in daily use in Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. This bill would have helped shield these states from Supreme Court action to strike down these unconstitutional laws.
Nigerian States that have implemented Shariah Criminal Law are vulnerable in two ways: firstly, they have exceeded the powers granted by the Constitution and, secondly, aspects of Shariah Criminal Law conflict with human rights conferred by both the Constitution and by the The International Covenant on Civil and Political Rights (ICCPR) which Nigeria has ratified.
Yahaya Sharif-Aminu is an example of a Nigerian citizen whose rights have been trampled by Shariah Law. In August 2020, the 22-year-old was sentenced to death by hanging for praising Imam Ibrahim Inyass on WhatsApp. He was tried and sentenced without legal counsel. Our lawyers intervened and appealed against his conviction. On appeal, his conviction was set aside but was remitted back to the Shariah Court for retrial.
Our lawyers are now awaiting a date for the Supreme Court to hear Mr Sharif-Aminu’s third appeal. At this hearing, we shall argue that the Shariah Laws used to prosecute him are unconstitutional and should be struck down.
Please see below a letter from our Director, Kola Alapinni, to the President of the Senate and the Speaker of the House of Representatives addressing this matter.
This attempt to amend the Constitution through the Bill sponsored by Hon. Aliyu Bappa Misau is a feeble attempt to expand the Sharia/Islamic Law which is limited in the Constitution to Islamic Law ONLY, through the back door. It will fail! We are happy that the National Assembly stood this Bill down for further discussion. It is pertinent to note that, the details of this Bill was not even presented to the members of the National Assembly to study. It is a ruse. If the Sharia Law/Islamic Law as being practised by fourteen Northern States of Nigeria is Constitutional, then there will be no need to seek for an expansion through this Bill.
We hereby draw to your attention that this issue is subjudice. In the interest of the separation of powers, YOU MUST ALLOW the Supreme court to decide this legal question speedily. It is a legal issue, it is not political. You may wish to implore the Supreme Court of Nigeria to hear this without further delay in the interest of justice and once and for all allow all the citizens of this great country to know where they stand. Our client has been incarcerated unjustly for four years.
Thank you for your anticipated cooperation.