AN ASSESSMENT OF THE PROVISIONS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) RELATING TO APPLICATION OF ISLAMIC LAW IN SHARIAH COURTS IN NIGERIA

This article, critically, assesses the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which relate to the application of Islamic Law in Shariah Courts in Nigeria. Before the coming of colonial masters in the territory, nowadays, called ‘Nigeria’ there were rules of Islamic law applicable in shari’a Courts in the Sokoto Caliphate. The British Colonialists mixed their laws for the purpose of application in the then Alkali Courts alongside Islamic Law. In the year 2000, shari’ah was re-introduced in some Northern States. Coincidently, Nigeria returned to Democratic System of Governance paving the way for a new Constitution. Some of the major problems giving rise to this research work are that there is an intense controversy as to the conformity of the provisions of the Constitution relating to the application of Islamic Law in Shari’a Courts in the country with the principles of Islamic law and the sufficiency of same to regulate shari’ah in the in Nigeria. Codification of offences as a prerequisite for application, concepts of pardon, nolle prosequi, appointment of more than one judge to man sharia court, cross-examination of witnesses as oppose impeachment are considered alien in Islamic Law. The main objectives of this article are to critically assess the extent to which such provisions are in consonance with the Shariah and the sufficiency of same to regulate it in Nigeria. The methodology employed in the conduct of this research is doctrinal. Primary and secondary sources housed in libraries and internet were consulted. It is observed that to a very large extent, the provisions of the Constitution relating to Sharia are not in line with the principle of Islamic Law and are not sufficient to regulate same. It is recommended that these provisions should be amended to bring same to tally with the principles of Shariah to fill in the gaps left