Disputes Relating to the Appointment of Imams in Nigeria: Jurisdictional Competition Between Islamic Courts and the High Court

Abstract Nigeria’s legal system is pluralistic with the common law, Islamic law and customary law as the main legal traditions. These legal traditions have their courts within a unified judiciary. Disputes relating to the appointment of imams often end in the English-style courts rather than Islamic courts. This paper examines the controversies regarding which courts within the Nigerian plural courts system have or should have the original and appellate jurisdiction in such disputes. The paper argues that mosques are waqf properties and thus should come within the ambit of Islamic personal law as defined by the Constitution. The paper concludes, inter alia, that in all instances, the courts vested with jurisdiction to hear disputes relating to the appointment of imams should be operated by judges who are learned in Islamic law and where this is not possible, the courts should use assessors who are experts in Islamic law to assist the judges.