The Nigerian Supreme Council for Islamic Affairs (NSCIA) today declared its support for the establishment of independent Shariah arbitration panels in the South-West zone of the country, particularly in Ekiti and Oyo states, since Muslims in the states have been denied their constitutional right to Shariah Court of Appeal.
The Council, in a press statement signed by its Deputy National Legal Adviser, Imam Haroun Muhammad Eze, Esq, made available to Tribune Online in Abuja, stated that it could not find any legal justification for the unnecessary alarm and unwarranted resistance to the establishment of Shariah panels in the South-West.
The NSCIA stated that it was particularly disturbed about the high spate of intolerance and disregard for the rights of Muslims, especially in Southern Nigeria.
According to the Council, independent Shariah arbitration panel was a voluntary platform designed solely for the resolution of civil and marital disputes among consenting Muslims.
The establishment of the panel, according to NSCIA, was to fill the “inexplicable vacuum created by the failure of the political elite in South-Western Nigeria to establish Shariah Courts”, as allowed by the Nigerian Constitution.
“The Nigerian Supreme Council for Islamic Affairs (NSCIA), under the leadership of its President-General and Sultan of Sokoto, His Eminence, Alh. Muhammad Sa’ad Abubakar, CFR, mni, is particularly disturbed about the high spate of intolerance and disregard for the rights of Muslims, especially in the southern part of the country.
“The most recent of this is the development emanating from Ekiti state where the efforts of the Muslim community to set up an Independent Shariah (Arbitration) Panel was met with unwarranted resistance and objections from both political and traditional quarters.
“This is coming barely few weeks after the announcement of the inauguration of a Shariah panel in Oyo State generated unnecessary anxiety thereby leading to its indefinite postponement.
“The Independent Arbitration Panel, which is a voluntary platform designed solely for the resolution of civil and marital disputes among consenting Muslims, was to fill the inexplicable vacuum created by the failure of the political elite in South-Western Nigeria to establish Shariah Courts, as allowed by the Nigerian Constitution, in South-Western states, despite the huge population of Muslims in the region,” the apex Islamic body in Nigeria stated.
The opposition to the establishment of Shariah panels in the South Western states and other cases like the denial of female Muslim students to wear Hijab, the Council asserted is calculated attempts to prevent Muslims in the zone from practising their religion.
According to the NSCIA, “This and other cases, such as the denial of the rights of female students to wear the Hijab despite a Supreme Court judgement, are nothing but calculated attempts to prevent Muslims in the region from practicing their faith.”
The Council explained that provisions were made for Shariah arbitration panel and Shariah Court of Appeal, like Customary Court of Appeal as contained in Section 275 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Meanwhile, Arbitration and the Shariah Court of Appeal, just like the Customary Court of Appeal (which all of them have) are provided for in the 1999 Constitution (as amended) of the Federal Republic of Nigeria (see section 275), confirming the legality of both initiatives.
“The NSCIA strongly supports the establishment of Independent Shariah Arbitration Panel in Ekiti and Oyo States for the purpose so intended, especially where the Muslims in the states have been denied their constitutional right to a Shariah Court of Appeal in all the states of the South-Western Nigeria.
“The Council cannot find any legal justification for the unnecessary alarm and unwarranted resistance. All the states in the North have Shariah Courts and some, in addition, have Customary Courts,” the NSCIA stated.
It, therefore, called on both Southern governors and traditional authorities in the zone to ensure that they protect Muslims’ constitutional rights in their domains.
“The Council calls on the Governors and Traditional Authorities in the southern part of the country, particularly the South-West, to ensure that the constitutional rights of Muslims in their respective domains are preserved and protected.
“While others are allowed to live, Muslims should also be let live.”