Author, lawyer and human rights activist, Ayo Sugunro, in this series of tweets explains the implication of the Sharia bill pending before the House of Representative.
The Bill, which has scaled through second reading and is currently before the House Committee on constitutional amendment, has far reaching consequences for Nigeria’s legal architecture.
Ayo Sugunro, tweeting through his handle, explains:
So, I've discussed with colleagues, and here’s how I understand the issue of the #ShariaBill. Mute me now if you dislike numbered tweets.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
The Constitution (CFRN), as it currently stands, recognises our religious beliefs/customs, but insists that Nigeria is a secular state.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
As a "secular" state, it is implied that all criminal laws in Nigeria have to be “written” by the NASS (or State HASS) never by religion.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
As a "secular" state, it is implied that all criminal laws in Nigeria have to be “written” by the NASS (or State HASS) never by religion.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
However, to respect religion and customary practices, the CFRN allows states to setup Sharia/Customary courts, only for non-criminal issues.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
There is sense in this demarcation. A country may have unevenly distributed religions/customs, but criminal laws have to apply equally.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
But, starting with Zamfara, some states have not been satisfied with this demarcation between religious personal "law" and criminal law.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
And so, in the last few years, these states have "permitted" their Sharia courts to–unconstitutionally–enforce religious criminal laws.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
Note: these religious criminal laws are not constitutional. This is why they have no provision for appeals to the Sharia Court of Appeal.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
In essence, these states have been operating courts that are the first and the final resort on Sharia criminal cases. No court to appeal to.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
A lot of us have simply “unlooked” this situation–for national unity. Others are waiting for the Supreme Court to make a pronouncement.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
In view of our unlooking, some legislators have now decided to “rectify” the Constitution: to definitely recognise religious criminal laws.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
Don't forget: the Constitution deliberately prevents criminal laws by religion or custom. Crimes have to be made and written by parliament.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
But if the #ShariaBill passes, our criminal laws are no longer limited to parliamentary laws. Islamic scholars can now determine a crime.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
Because criminal laws have universal application, it also mean non-Muslims can be prosecuted for “crimes” against the Islamic faith.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
This, in summary, means that states with Sharia courts are no longer obliged to be secular. They can now be, constitutionally, Islamic.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
Make of the #ShariaBill what you will: a conspiracy or just ignorance. In any case, the bill forebodes even more disunity among Nigerians.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
For clarity, by "country" I mean jurisdiction. Criminal laws apply equally/universally in their respective jurisdictions.
— AYO SOGUNRO (@ayosogunro) May 25, 2016
The #ShariaBill is also a backdoor way of expanding the power of #hisbah, the #IslamicPolice https://t.co/tox20pWsOw
— Omoboy (@SienceTalk) May 25, 2016
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