The Ogun State Government, led by Governor Dapo Abiodun, has declared the establishment of a Sharia Court in the state “illegal,” ordering its immediate shutdown. The decision follows the circulation of a flyer announcing the launch of a Sharia Arbitration Committee, claiming to provide Islamic adjudication on marital disputes, inheritance issues, and organizational conflicts.
Legal Basis for the Government’s Rejection
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Lack of Constitutional Backing– The Nigerian Constitution only recognizes courts established by law. Since no Ogun State law has established a Sharia Court, its operation is unauthorized and illegal within the state.
2. Violation of the Rule of Law– Under Section 36 of the 1999 Constitution (as amended), only courts established by law can adjudicate disputes. The creation of a parallel judicial system without government approval constitutes an illegal usurpation of judicial authority.
3. Threat to Public Order– The Ogun State Government has emphasized that no private individuals or groups can establish unauthorized courts. Such actions could lead to a breakdown of law and order, as different factions might seek to establish their own parallel legal systems, challenging the state’s authority.
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Religious and Secular Considerations– Nigeria is a secular state, meaning no single religious law can override the constitutional legal framework. The opposition by Afenifere, the Christian Association of Nigeria (CAN), and the International Council for Ifa Religion underscores broader concerns that allowing Sharia Courts could lead to demands for separate legal systems for other religious groups, potentially dividing the national judicial system.
Precedents in Other States
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Ekiti State similarly rejected the establishment of a Sharia Court, emphasizing that all judicial institutions must comply with the Nigerian Constitution.
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Oyo State Governor, Seyi Makinde, stated that any such court would only be allowed if it aligns with constitutional provisions.
Thus, the Ogun State Government’s stance reflects a firm commitment to upholding constitutional law and preventing unauthorized judicial structures. The move also underscores broader national concerns about maintaining a unified legal system, protecting Nigeria’s secular status, and ensuring that only courts established by law have judicial authority.
