CONSTITUTIONAL REVIEW: KANO NBA, SCSN seek expansion of Sharia, Customary Courts powers
The Kano branch of the Nigerian Bar Association (NBA) and the Supreme Council for Shariah in Nigeria (SCSN) on Saturday urged the House of Representatives Constitution Review Sub-committee to amend the 1999 Constitution to expand the jurisdiction of Sharia Courts of Appeal beyond Islamic personal law.
The NBA branch submitted its written memorandum to the North-West Public Hearing of the Constitution Review in Kaduna, signed by its chairman, Usman Umar Fari,
The Kano NBA suggested an extension of Jurisdiction to All Superior Courts to hear and determine human rights issues.
The Branch’s memo said “The jurisdiction to entertain fundamental human rights cases should be extended to all superior courts of record in Nigeria, including the Federal High Court, National Industrial Court, Sharia Court of Appeal, and Customary Court of Appeal.
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“This amendment would significantly expand the avenues available for citizens to seek redress for rights violations and help to decentralize the burden of such cases.
“Currently, the Customary Court of Appeal and Sharia Court of Appeal primarily exercise jurisdiction over matters of customary and Islamic personal law, respectively. While these courts play a vital role in their specific domains, excluding them from entertaining fundamental human rights cases, particularly when such rights are intertwined with issues of customary or Islamic law, creates a lacuna in the justice system.
“Extending their jurisdiction to fundamental human rights cases, especially those arising from or related to their primary areas of competence, would provide a more holistic and accessible avenue for justice for individuals whose rights may have been violated within the context of customary or Islamic legal frameworks. This would ensure that citizens are not unduly restricted in seeking redress simply because the violation falls within a customary or Islamic law context.
We believe that implementing these proposed amendments will significantly strengthen Nigeria’s legal framework, enhance governance, improve public safety, and ensure greater protection of citizens’ rights.’
On its part, the SCSN’s memorandum, which was presented by the secretary general, Nafi’u Baba-Ahmed, said current constitutional provisions restricting the Sharia Court of Appeal to personal law matters amounted to discrimination against Muslims.
He said the council recommended deleting the word “personal” from Sections 262 and 277 of the constitution to enable the Sharia Court of Appeal to handle broader Islamic civil matters.
“The limitation imposed on the Sharia Court of Appeal’s jurisdiction violates the principle of equal access to justice,” he said.
According to him, the proposed amendment would address longstanding concerns of Muslim litigants whose Islamic civil disputes often end up before non-Muslim judges unfamiliar with Sharia jurisprudence.
