The Nigerian Supreme Council for Islamic Affairs (NSCIA), has kicked against the decision of South Western states to frustrate the operation of Shariah Arbitration Panels in the region.
This is coming on the heels of a report which indicated that the governments of Ekiti, Ogun and Oyo states vowed not to allow Independent Shariah (Arbitration) Panel to have a foothold in their states.
Only recently, Ewi of Ado Ekiti, Oba Adeyemo Adejugbe also forbid members of the Shariah panel sitting in a mosque at Ado Ekiti, the Ekiti State Capital from holding any further deliberations.
The Ekiti State Government, in a statement made available to reporters by the state Attorney General and Commissioner for Justice, Dayo Apata (SAN), said the legal structure in the state did not recognise a Sharia Court or Sharia Arbitration Panel.
He said that the legal structure (i.e. Customary Court, Customary Court of Appeal and High Court) had been handling issues relating to Islamic, Christian and traditional marriages and inheritance without rancour or agitation.
The NSCIA however stated its displeasure with the governors’ decisions through a statement on Wednesday signed by its deputy national legal adviser, Haroun Eze.
The council, led by the Sultan of Sokoto, Sa’ad Abubakar, said the controversy was unwarranted, saying Muslims deserve the right to be allowed to live and practise their religion without persecution in any part of Nigeria.
“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 a few weeks after the announcement on the inauguration of a Shariah panel in Oyo State generated unnecessary anxiety, thereby leading to its indefinite postponement”, the NSCIA lamented.
The NSCIA, in the statement titled ‘Live and let live’, said the independent panel is voluntary and meant to fill a vacuum in the legal system in the South-west.
“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.
“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 practising their faith”, the NSCIA stated.
The NSCIA said the 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 (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 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 Council calls on governors and traditional authorities in the southern part of the country, particularly the South-West, to ensure that the constitutional rights of Muslims are preserved and protected.
“While others are allowed to live, Muslims should also be let live”, the statement said.
