MUSWEN Renews Call for Shariah Courts to Regulate Affairs of Muslims
The Muslim Ummah of South West Nigeria (MUSWEN) has strongly reiterated its demand for the establishment of Shariah Courts in every state across the federation to regulate the affairs of Muslims.
The advocacy was made during the Senate Zonal Public Hearing on the Review of the 1999 Nigerian Constitution, held in Ikeja, Lagos State, on Saturday, July 5, 2025.
MUSWEN, represented by Tajudeen Balogun, Safiyullah Oladipupo, and Abdul Jeleel Olayinka, submitted a memorandum asserting that Shariah and regular courts should co-exist in all states. The organization grounded its position in Sections 38 and 42 of the 1999 Constitution, which guarantee freedom of religion and prohibit discrimination based on religion, age, gender, language, or tribe.
The group emphasized the government’s obligation to ensure access to justice for all citizens, including Muslims.
They argued that conventional courts cannot adequately address specific aspects of Muslim life, such as marriage, divorce, inheritance, and zakat.
“Thus, Shariah Courts as well as Shariah Courts of Appeal should be provided in all States, so as to make law and justice accessible to everyone, regardless of where they may reside or their religion,”
MUSWEN stated in its submission.
MUSWEN further contended that attempting to apply Islamic personal law through the procedures of customary courts would be a “manifest misfit.”
They cited numerous Supreme Court cases that have clarified the distinct nature of Islamic and customary laws, noting the instructive position of the late Justice of the Supreme Court, Niki Tobi, who affirmed the written, rigid, and divinely ordained nature of Islamic law.
Other Key Proposals from MUSWEN
Beyond the call for Shariah courts, MUSWEN also put forth several other recommendations for constitutional amendments:
Devolution of Powers: MUSWEN advocated for the federal government to devolve more powers to regions and states, citing the overburdened Exclusive Legislative List with 68 matters. They recommended recognizing the six geo-political zones as regions, giving them control over their resources, subject to a maximum 30% royalty to the Federal Government. This proposal echoed Section 140 of the repealed 1963 Constitution, which allocated 50% of mineral royalties and mining rents to the regions where they were extracted.
Local Government Autonomy: The organization called for an amendment to Section 7 of the 1999 Constitution to ensure the autonomy of local governments under their respective states.
Women’s Rights and Hijab: Citing Quranic verses and Sections 38 and 42 of the Constitution, MUSWEN asserted that the use of Hijab is a religious right. They demanded that the Constitution be strengthened to protect Muslim women and girls from discrimination in workplaces, schools, and public offices, particularly regarding their attire.
Qualitative Education: MUSWEN proposed moving the issue of education from Section 18 to Chapter 4 of the Constitution. This, they argued, would ensure qualitative education at all levels in public institutions by mandating government agencies in the education sector to patronize public schools, thereby ensuring adequate funding, monitoring, and evaluation.
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Qualifications for Public Office: To ensure competence, MUSWEN recommended a minimum qualification of a first university degree or Higher National Diploma (HND) for all aspirants vying for the offices of President, Governor, legislative houses, and local government chairmen and councilors. They called for amendments to relevant sections of the constitution (S65(2)(a), S106(c), S131(d), S177(d)) to reflect this.
Contributions from Other Stakeholders
The public hearing, which ran simultaneously in all six geo-political zones from Friday, July 4, to Saturday, July 5, also heard submissions from other significant stakeholders:
Senate Leader’s Assurance: Senator Opeyemi Bamidele (Ekiti Central), the Senate Leader and Chairman of the hearing, assured all presenters that their memoranda would receive due attention and consideration, emphasizing the importance of diverse advocacy for critical constitutional amendments.
Lagos AG’s Endorsement of Fiscal Reforms: Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), applauded the Senate’s Fiscal Reforms Bill, aligning it with the Supreme Court judgment regarding the admission of funds to local government areas and the abolition of the State-Local Government joint account. Pedro urged the Senate to align constitutional provisions with Supreme Court rulings to avoid inconsistencies. He also called for a review of inconsistencies observed in bills, particularly regarding the vesting of more power in State Independent Electoral Commissions versus the creation of a national local government electoral commission. On Local Council Development Areas, Pedro noted that the 1979 Constitution provided for their creation and associated judgments, suggesting the 1999 Constitution is responsible for current controversies. He also advocated for judicial reforms to prevent the Court of Appeal from being overwhelmed with election petitions and to address the vacuum created by the elevation of lower court judges.
Speakers’ Conference on Removal of Presiding Officers: Hon. Adeoye Stephen Aribasoye, Speaker of the Ekiti State House of Assembly and Chairman of the Conference of Speakers of State Houses of Assembly (South West), raised concerns about irregularities in the removal of presiding officers. He stated that the Conference would work on standard conditions to prevent arbitrary removals, similar to those for governors and presidents. Aribasoye also proposed amending the constitution to transfer the power to inaugurate and proclaim a legislative house from the governor to the Clerk of the House, addressing situations where a governor might decline to do so due to stalemates.
The hearing featured presentations from a wide array of groups including the Nigeria Labour Congress (NLC), Nigeria Union of Local Government Employees (NULGE) Lagos State Chapters, National Council of Women Society (NCWS), Nigeria Bar Association (NBA), various youth and student unions, and the Muslim Rights Concern (MURIC). Bills advocating for the creation of new states such as Lagoon, Ijebu, Ibadan, Oko Ogun, and Ogbomoso were also presented.
Senators present at the Saturday session included Opeyemi Bamidele (Ekiti Central), Banigo Harry (Rivers West), Shuaib Afolabi Salisu (Ogun Central), Abdul Fatai Buhari (Oyo North), Olamilekan Solomon (Ogun West), Wasiu Eshilokun (Lagos Central), Idiat Adebule (Lagos West), Tokunbo Abiru (Lagos East), and Adeyemi Adaramodu (Ekiti South). Royal Fathers from different South West states also graced the event.
By PRNigeria
