The Muslim Ummah of South West Nigeria (MUSWEN) has renewed its advocacy for the establishment of Shariah Courts to adjudicate matters specific to Muslim personal law.
MUSWEN presented this position during the Senate Zonal Public Hearing (South West) on the Review of the 1999 Constitution, held on Saturday, July 5, 2025, at Ikeja, Lagos State.
In its memorandum, MUSWEN anchored its argument on Section 38 of the Constitution, which guarantees freedom of religion, and Section 42, which prohibits discrimination based on religion, gender, age, ethnicity, or language.
Represented by Tajudeen Balogun, Safiyullah Oladipupo, and Abdul Jeleel Olayinka, MUSWEN maintained that Shariah Courts should coexist alongside conventional courts across all Nigerian states.
The group argued that the government is duty-bound to ensure equal access to justice for all citizens, noting that certain aspects of Muslim life—such as marriage, divorce, inheritance, and zakat—cannot be sufficiently protected by existing courts.
“Therefore, Shariah Courts and Shariah Courts of Appeal should be established nationwide to make justice accessible to every Muslim, regardless of their place of residence,” the memorandum stated.
MUSWEN further stressed that trying to squeeze Islamic personal law into the customary court system was akin to forcing a square peg into a round hole. It cited multiple Supreme Court decisions affirming that Islamic law and customary law are distinct and not interchangeable.
It also referenced the late Supreme Court Justice Niki Tobi, a devout Christian, who clarified: “Islamic law, unlike customary law, is written, precise, and divinely established. Its authority is not contingent on acceptance because it is a command from Almighty Allah. Any Muslim who disregards it cannot claim to be with Allah.”
On the issue of federal structure, MUSWEN criticized the overburdened Exclusive Legislative List with 68 items and proposed the devolution of powers to regions or zones. The organization recommended that Section 2(2) of the Constitution formally recognize the six geo-political zones as federating units.
“Each zone should control resources within its territory, subject to a 30% royalty payable to the federal government,” MUSWEN proposed, adding that Section 140 of the 1963 Constitution, which provided for 50% derivation, should be revisited.
MUSWEN also demanded local government autonomy, emphasizing that Section 7 of the 1999 Constitution should be amended to guarantee independence of local councils under state governments.
On women’s rights, the group underscored that the use of hijab is consistent with Section 38’s religious freedom protections and that denying Muslim women the right to wear hijab in schools, workplaces, or public institutions violates Section 42.
“It is imperative to strengthen the Constitution to shield Muslim women from discrimination regarding dress codes,” MUSWEN stated.
In the area of education, MUSWEN advocated that the right to quality education be elevated from Section 18 to Chapter 4 of the Constitution. This, it argued, would make education an enforceable right, requiring all government agencies in the education sector to enroll their children in public schools, thereby ensuring better funding and oversight.
The organization also argued that public offices demand a high level of competence and commitment. It recommended that the minimum qualification for elective offices—ranging from councilor to president—should be raised to a first university degree or Higher National Diploma (HND).
Accordingly, MUSWEN called for amendments to Sections 65(2)(a), 106(c), 131(d), and 177(d) of the Constitution to enforce these qualifications.
Earlier, Senate Leader and Chairman of the hearing, Opeyemi Bamidele, assured stakeholders that all submissions would be thoroughly reviewed, noting that diverse perspectives are essential to a meaningful constitutional amendment.
In his remarks, Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), commended the Senate’s Fiscal Reforms Bill, saying it aligned with Supreme Court judgments on direct funding of local governments and the abolition of state-local government joint accounts.
Pedro added, “Policy decisions often conflict with the plain language of the Supreme Court judgments. We now have an opportunity to harmonize these inconsistencies.”
He further urged the Senate to either restate the constitutional provisions or formally incorporate the Supreme Court’s interpretations into the legislative framework.
The Attorney-General also highlighted inconsistencies in proposed bills related to the powers of state electoral commissions and called for clearer provisions on whether a national local government electoral commission should be established.
On the creation of Local Council Development Areas, Pedro noted that while the 1979 Constitution provided for this, ambiguities in the 1999 Constitution have fueled legal disputes.
Regarding judicial reforms, Pedro recommended measures to prevent the Court of Appeal from becoming a trial court in election petitions and proposed solutions to fill vacancies created when lower court judges are promoted.
During his presentation, the Chairman of the South West Conference of Speakers, Hon. Adeoye Stephen Aribasoye, expressed concern about the arbitrary removal of presiding officers of legislative houses.
Aribasoye, who is the Speaker of the Ekiti State House of Assembly, said the Conference was developing standardized procedures to protect presiding officers, similar to safeguards for governors and the president.
He also proposed that the constitutional power to proclaim and inaugurate a House of Assembly be transferred from governors to the clerk of the House to avoid legislative deadlock.
Saturday’s hearing featured submissions from MUSWEN, the Nigeria Labour Congress (NLC), the Nigeria Union of Local Government Employees (NULGE), the National Council of Women Societies (NCWS), the Nigerian Bar Association (NBA), student and youth organizations, Muslim Rights Concern (MURIC), as well as proponents of new states such as Lagoon, Ijebu, Ibadan, Oke Ogun, and Ogbomoso.
Senators in attendance included 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 hearing also drew royal fathers from across the South West and took place simultaneously in all six geo-political zones over Friday and Saturday.
