After asking the Federal Government to intervene directly in the lopsidedness in the judiciary, an Islamic human rights organization, the Muslim Rights Concern (MURIC), has beamed its interrogation on the National Assembly (NASS).
The group has asked the latter to initiate a bill on the creation of federal Shari’ah courts in all states, particularly in Southern Nigeria.
MURIC’s latest request was made in a statement released to newsmen on Monday, 4th August, 2025. The statement was signed by the group’s executive Director, Professor Ishaq Akintola.
The full statement reads:
“It will be recalled that our organization, the Muslim Rights Concern (MURIC), last week, Friday, 1st August, 2025 appealed to the Federal Government of Nigeria (FG) to fully integrate Shari’ah courts into the country’s judicial system by directly establishing Federal Shari’ah courts in all states the same way it established Christian common law courts all over the country.
“As a corollary to this appeal and considering the fact that even FG may need an enabling constitutional instrument to take this noble step, we are beaming our interrogation light on the National Assembly (NASS) to do the needful.
“We hereby call the attention of both houses of the Nigerian parliament, Senate and the House of Representatives, to the glaring lopsidedness cum lacuna in the Nigerian judicial system which has denied Muslims in Southern Nigeria their Allah-given fundamental human rights in terms of free access to courts of their own choice (i.e. Shari’ah courts).
“Inclusivity is sine qua non in every democratic setting but Muslims in Southern Nigeria are deprived of this in present day Nigerian judicial system. It is such situations that breed dissatisfaction among the populace thereby making peace, stability and social harmony evasive unless it is addressed.
“It is well known that the Nigerian legal system stands on a tripod of common law, customary law and Islamic law (Shari’ah). For justice to experience a balance, it is expected that each component of the tripartite systems should be equally treated and applied in all parts of the country.
“But the reverse is the case as only two of them (common law and customary law) enjoy national spread while Shari’ah is restricted to the North. In particular, common law which is essentially and undeniably Christian law enjoys special grace with the establishment of magistrate courts and high courts by state governments as well as federal high courts, federal courts of appeal and the Supreme Court by the Federal Government.
“Customary courts come next as they are established all over the country by all state governments. They also enjoy the luxury of customary courts of appeal. These courts apply traditional rules in their areas of jurisdiction thereby representing traditional religion.
“Regrettably, however, Shari’ah suffers desertification of official attention in all the Southern states of Nigeria because it is only allowed in the Northern states.
“This should not be so. It is quite understandable if state governments in the South discriminate against Shari’ah since the governors are all Christians.
“But what about FG that should play the role of father of all? That was why we called on FG last week to act in loco parentis by establishing Federal Shari’ah Courts the same way it established Christian common law courts throughout Nigeria, including the predominantly Muslim core North.
“A fortiori, we saw the rationale for us to further take our case to the Nigerian parliament, Senate and the House of Representatives since the executive may still need the intervention of the legislature in a true setting of separation of powers.
“Therefore, we strongly appeal to the NASS to initiate a bill to establish Federal Shariah Courts in all states of the federation. Our appeal is based on the law principle of ubi jus ibi remedium (where there is a right, there is a remedy).
“If, indeed, Shariah is the fundamental human right of Nigerian Muslims (and it is) as enshrined in Sections 275, 276 and 277 of the 1999 Constitution of the Federal Republic of Nigeria, ubi jus ibi remedium necessitates that a remedy be found by the NASS for the enforcement of this right.
“The constitution says Muslims have the right to operate Shari’ah. There is no argument about that anymore. But since the state governments are reluctant, the National Assembly must take responsibility for enacting a bill that will give FG an enabling instrument to establish Shari’ah courts in the states the same way it has established Christian common law courts all over the federation.
“Introducing this bill or amending the constitution to reflect it will give the executive arm of government the constitutional instrument for establishing Federal Shariah Courts after signing it into law. The ball is therefore in the court of the NASS for now.
“In addition, we appeal to the NASS to see this interrogation as an addendum to the memorandum submitted to the Senate Committee on Constitutional Amendment in Lagos on Friday, 4th July, 2025 which was replicated two weeks later when a copy was presented to the Committee of the House of Representatives on Constitutional Amendment also in Lagos on Saturday, 19th July, 2025.”
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