Constitution review: MUSWEN renews call for Shariah Courts, power devolution, quality education

The Muslim Ummah of South-West Nigeria (MUSWEN) has reiterated its call for the establishment of Shariah courts across the country to cater to the unique legal needs of Muslims.

This demand was presented during the Senate zonal public hearing on the review of the 1999 Constitution, held in Ikeja, Lagos State, on Saturday.

In its memorandum, MUSWEN emphasised that sections 38 and 42 of the constitution already guarantee freedom of religion and protection from discrimination. 

It argued that recognising Shariah courts would give effect to these constitutional rights, particularly in areas such as marriage, divorce, inheritance and zakat, matters that conventional courts are not equipped to adjudicate adequately.

Represented by Tajudeen Balogun, Safiyullah Oladipupo and Abdul Jeleel Olayinka, MUSWEN asserted that Shariah and regular courts should co-exist in all states. 

It described the use of customary courts for Islamic personal law as a “manifest misfit,” citing Supreme Court rulings that distinguish between the divine rigidity of Islamic law and the fluid nature of customary law.

MUSWEN referenced late Justice Niki Tobi, who, despite being a Christian, acknowledged that Islamic law is written, divine and obligatory for Muslims. 

Quoting him, MUSWEN highlighted that “Islamic law does not depend on its acceptability by Muslims because that is taken for granted.”

On federal structure, MUSWEN criticised the overburdened Exclusive Legislative List, advocating for devolution of power to states and recognition of the six geo-political zones in Section 2(2) of the constitution. 

It also recommended that resource control should reside with the zones, subject to a maximum of 30 per cent royalty to the Federal Government.

Citing Section 140(1) of the repealed 1963 Constitution, MUSWEN proposed a return to a system where 50 per cent of royalties and rents from mineral resources are returned to the region of origin, arguing this would promote fairness and development across all parts of the country.

The organisation also called for full autonomy for local governments under respective states, as provided in Section 7 of the constitution. 

On women’s rights, MUSWEN emphasised that the use of hijab aligns with constitutional protections under sections 38 and 42 and called for stronger legal safeguards against discrimination in schools, workplaces and public institutions.

In a bid to improve educational standards, MUSWEN advocated moving education from Chapter 2 to Chapter 4 of the constitution to make it a justifiable right. 

It suggested that public officials in the education sector be mandated to enrol their wards in public schools, thereby enhancing accountability and funding.

Regarding qualifications for public office, MUSWEN proposed that a minimum of a university degree or Higher National Diploma be required for aspirants to positions such as president, governor, lawmakers, chairmen and councillors. 

It called for the amendment of relevant sections 65(2)(a), 106(c), 131(d) and 177(d) to reflect this standard.

Senate Leader and chairman of the hearing, Opeyemi Bamidele, assured that all memoranda would receive due consideration. 

The public hearing featured submissions from MUSWEN, the Nigeria Labour Congress (NLC), Nigeria Union of Local Government Employees (NULGE), National Council of Women Societies (NCWS), Nigerian Bar Association (NBA), Muslim Rights Concern (MURIC) and various youth and student groups. 

Several bills for new states, including Lagoon, Ijebu, Ibadan, Oke Ogun and Ogbomoso, were also presented. 

The hearing was attended by senators, traditional rulers and stakeholders from across the South-West and ran concurrently in all six geopolitical zones of the country.

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