This demand was made on Saturday, July 19, 2025, during the House of Representatives Committee on the Review of the Constitution, South West Centre A Public Hearing, held in Lagos.

MUSWEN submitted a comprehensive memorandum proposing several amendments, echoing similar demands made earlier at the Senate Public Hearing on constitutional review in Lagos.

According to MUSWEN, “under Sections 262 (1 & 2) and 277 (1 & 2), the jurisdiction of the Sharia Court of Appeal is currently limited to Islamic personal law.

This restriction represents a serious form of discrimination and a violation of the principle of equal access to justice for three main reasons.”

The group contended that, “The Sharia Court of Appeal is not a court of first instance; it only hears appeals. Yet, its jurisdiction is narrower than the lower courts from which appeals originate. This has resulted in Islamic civil matters being tried on appeal by judges of the High Court, Court of Appeal, or Supreme Court—many of whom may not be Muslims or may lack adequate understanding of Islamic law.”

MUSWEN highlighted the imbalance in comparison to the Customary Court of Appeal, which is not limited to personal law under Sections 267 and 282(1). “This imbalance is unjustifiable and denies Muslim litigants equal rights within the legal framework,” it stated.

The group further criticized the current system in which “Islamic civil matters (outside personal law) are often decided by British-style courts,” describing it as inappropriate given the distinct foundations and philosophies of Islamic and Western legal systems.

Citing the case of Abdulsalam v. Salawu (2002) 13 NWLR (Pt. 705) 505, MUSWEN pointed out how the Court of Appeal and Supreme Court ruled that the Sharia Court of Appeal lacked jurisdiction in the appointment of a Chief Imam, which it said underscores the need for constitutional reform.

MUSWEN proposed that the word “personal” be removed from Sections 262(1 & 2) and 277(1 & 2) to broaden the jurisdiction of the Sharia Court of Appeal.

It also recommended amending Section 272(1) to strip the High Court of jurisdiction over Islamic civil matters, suggesting it be revised to read:
“Subject to the provisions of Sections 251, 262, and 277, and other relevant provisions of this Constitution…”

On broader constitutional matters, MUSWEN supported the devolution of powers by amending the Exclusive Legislative List and moving more items like natural resources, taxation, and local infrastructure to the Concurrent List. It also recommended recognition of the six geopolitical zones as federating units with authority to operate regional constitutions, similar to the 1963 arrangement.

Regarding fiscal federalism, MUSWEN advocated a return to the revenue-sharing formula in Section 140 of the 1963 Constitution:

50% of royalties and rents to the producing region

30% to the distributable pool

20% to the federal government

States and regions, it argued, should manage their resources and remit agreed royalties to the federal government.

MUSWEN also called for full local government autonomy, recommending amendments to Section 7 to ensure direct funding from the Consolidated Revenue Account and to define the powers of LGAs clearly. It further suggested that states should hand off control of primary education to LGAs.

In terms of legislative structure, the group proposed a bicameral system with reduced membership. It recommended making the Senate an advisory body composed of non-political stakeholders, and having the House of Representatives consist of part-time members with 12 representatives per geopolitical zone.

On electoral reforms, MUSWEN supported House Bill 1589, which involves the National Judicial Council in appointing the INEC Chairman. It proposed that regional electoral commissions conduct local government elections simultaneously with general elections, supported House Bill 1154 to ensure election petitions are resolved before swearing in elected officials, and advocated extending the tenure of LG officials to four years.

Additionally, MUSWEN called for constitutional protection of Muslim women’s rights to wear the hijab, suggesting an expansion or clarification of Section 42 to explicitly prohibit discrimination based on religious attire in schools and workplaces.

In his opening remarks, the Chairman of the Committee, Rt. Hon. Isiaka Ibrahim Ayokunle, who is also the House Deputy Chief Whip, explained the constitutional review procedure.

He noted that after the public hearings and first reading of bills, a two-thirds majority of the Chamber must agree on recommendations, followed by harmonization by the Conference Committee and input from State Houses of Assembly before final passage into law.

Hon. Ayokunle assured that all memoranda would be considered, pledging transparency in the process.

Centre A of the Public Hearing comprises Lagos, Ogun, and Oyo States. Present at the session were Deputy Committee Chairman Hon. Jide Benson, Hon. Kafilah Ogbara, Hon. Seni Adio, former Ogun State Governor Senator Gbenga Daniel, former Lagos Deputy Governor Prince Biodun Ogunleye, former Ogun Deputy Governor Gbenga Kaka, ex-Minister of Works Adeseye Ogunlewe, traditional rulers, and other stakeholders.

Various trade unions, NGOs, youth groups, women’s organisations, and religious bodies submitted memoranda during the session.

Source: AfriReporters.

To this end, it has proposed an amendment to the country’s Constitution to expand the powers, administration, composition, and jurisdiction of the Sharia Court of Appeal.

The group made its position known at the House of Representatives Committee on the Review of the Constitution, South West, Centre A Public Hearing, on Saturday, in Lagos.

It made same demand in a  memo presented to the Senate Public Hearing on the Review of the Constitution, South West Zone, held earlier, also in Lagos.

MUSWEN, while presenting its memorandum at the House of Representatives  hearing, reiterated that Muslims in Nigeria have long been denied full enjoyment of their religious rights, despite persistent calls for recognition and implementation since the colonial era.

It cited that “under Sections 262 (1 & 2) and 277 (1 & 2), the jurisdiction of the Sharia Court of Appeal is currently limited to Islamic personal law. This restriction represents a serious form of discrimination and a violation of the principle of equal access to justice for three main reasons”.

MUSWEN contended that “The Sharia Court of Appeal is not a court of first instance; it only hears appeals. Yet, its jurisdiction is narrower than the lower courts from which appeals originate. This has resulted in Islamic civil matters being tried on appeal by judges of the High Court, Court of Appeal, or Supreme Court—many of whom may not be Muslims or may lack adequate understanding of Islamic law.

It added: “Unlike the Sharia Court of Appeal, the jurisdiction of the Customary Court of Appeal under Sections 267 and 282(1) is not limited to personal law. This imbalance is unjustifiable and denies Muslim litigants equal rights within the legal framework.

“Islamic civil matters (outside personal law) are often decided by British-style courts. This is problematic given the different legal foundations, procedures, and philosophies of the Sharia and British-styled courts. In many cases, non-Muslim judges rule on purely Islamic matters, which is both inappropriate and inequitable. A classic example is Abdulsalam v. Salawu (2002) 13 NWLR (Pt. 705) 505, where the Court of Appeal and Supreme Court ruled that the Sharia Court of Appeal lacked jurisdiction in the matter of appointing a Chief Imam—demonstrating the consequences of the constitutional limitation”.

Against this background, MUSWEN proposed that the word “personal” be expunged from Sections 262(1 & 2) and 277(1 & 2) to allow broader jurisdiction for the Sharia Court of Appeal.”

MUSWEN’ proposed further: “Amend Section 272(1) of the Constitution to strip the High Court of jurisdiction over Islamic civil matters.

“The new wording should read: Subject to the provisions of Sections 251, 262, and 277, and other relevant provisions of this Constitution…”

On devolution of powers, MUSWEN supported the review of the Exclusive Legislative List and the transfer of more items, such as natural resources, local infrastructure, taxation to the Concurrent Legislative List.

In the same vein, it recommended recognition of the six geopolitical zones as federating units, with powers to operate regional constitutions as in the 1963 Constitution, proposing that section 2(2) should be amended to reflect the six zones as political-administrative regions.

Speaking on Fiscal Federalism and Resource Control, MUSWEN supported the principle of derivation and recommended reverting to the revenue-sharing formula of Section 140 of the 1963 Constitution, which provides 50 percent of royalty and mining rents to the producing region; – 30 percent to the distributable pool account; – 20 percent to the federal government.

It advocated that States/Regions should be permitted to explore and manage their resources, remitting agreed royalties to the federal government.

MUSWEN also recommended that Local Governments should be given autonomy as an independent tier of government, while more powers be devolved from the concurrent and/ or residual Legislative list to the local government. 

In doing this, it called for amendment to section 7 to reflect that LGAs should be funded directly from the consolidated revenue account and their powers be clearly spelt out, advocating that the states should “hand off primacy education institutions”.

MUSWEN also pushed for a bicameral legislature with reduced membership, recommending that the Senate should be advisory and composed of non-political stakeholders.

Similarly, it proposed that the House of Representatives should have part-time members with 12 members per zone, calling for amendment to Section 48 to reflect the advocated structural changes.

On Electoral Reforms, MUSWEN supported the proposal in HB, 1589 for involving the National Judicial Council in the appointment of INEC Chair to ensure independence.

It recommended regional electoral commissions to conduct LG elections concurrently with general elections. “Support HB. 1154 mandating resolution of election petitions before swearing-in of elected officials. – Proposed tenure of LG officials to be extended to 4 years”.

Additionally, the organization strongly recommended constitutional protection of Muslim women’s rights to wear the Hijab, citing that section 42 should be expanded or clarified to prohibit any form of discrimination, in schools, workplaces based on religious dressing.

The Chairman of the Committee, Rt. Hon. Isiaka Ibrahim Ayokunle, in his welcome address announced that the exercise was a procedure, saying that it would be followed up with the next legislative processes.

Ayokunle, who doubles as the House Deputy Chief Whip, pointed out that apart from the recommended bills passing through first reading; after, two third of the Chamber must consent to all recommendations, after which the Conference Committee of the National Assembly will compare notes – to harmonize areas of differences, after which the amended bills will be passed down to States House of Assembly for their inputs, before being passed into Law.

Hon. Adekunle pledged that all memorandum submitted would be looked into, pledging transparency in the exercise.

Centre A of the Public Hearing comprises: Lagos, Ogun and Oyo States.

The session was attended by the Committee’s Deputy Chairman, Hon. Jide Benson, Kafilah Ogbara, Seni Adio, former Governor of Ogun State, Senator Gbenga Daniel, former Lagos State Deputy Governor, Prince Biodun Ogunleye, his Ogun State counterpart, Gbenga Kaka, former Minister of Works, Adeseye Ogunlewe, traditional rulers, among other dignitaries.

Memoranda were submitted by trade unions, NGOs, women’s groups, youth bodies, religious bodies, among others.

Source: City Voice News.

The Senate Zonal Public Hearing (South west) on the Review of the 1999 constitution held on July 5, 2025 in Lagos provided a golden opportunity for the Muslim Ummah of South West Nigeria (MUSWEN) to reiterate its demand for Shariah Court to regulate the affairs of Muslims.

This advocacy became imperative in view of recent development whereby Muslims are denied their constitutional rights, especially of the freedom of religion in line with the understanding that Nigeria is a multi-religious society.

The organization in its memorandum submitted at the hearing, strengthened its position, by citing section 38 of the 1999 Constitution, which provides for freedom of religion, while section 42 outlaws any form of discrimination, either in terms of religion, age, gender, language or tribe.

MUSWEN which was represented by the trio of Tajudeen Balogun, Safiyullah Oladipupo and Abdul Jeleel Olayinka argued that Shariah and regular courts should co-exist in every State of the Federation.

Also underscored in the presentation was the obligation for the government to provide for the accessibility of right to justice for all citizens, Muslims or otherwise, stressing that there are certain aspects of a Muslim’s life which cannot be provided for or protected by the conventional courts.

“Instances are marriage, divorce, inheritance, zakat, etc. 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.”

Furthermore, MUSWEN submitted that squeezing Islamic personal law through the homogeneous procedural mechanism of the customary court would only be akin to forcing a square peg into a round hole – a manifest misfit, hence, the Supreme Court, has, “in plethora of cases, laid to rest, all the contentions around analogousness or otherwise of Islamic and customary laws”.

Reference was made to the position on Shariah of the late Justice of Supreme Court, Niki Tobi, who was a devout Christian.

The late jurist affirmed: “Islamic law, unlike customary law, is written. Islamic law is rigid, precise with divine ossification and rigidity. There is no basis for any speculation or conjecture as in the case of customary law. The acceptability of Islamic law is a divine command by Almighty Allah and therefore spontaneous on the part of all Muslims. Islamic law therefore does not depend on its acceptability by Muslims because that is taken for granted. Any person who disobeys the divine words of the Quran cannot call himself a Muslim. Such a person is not with Allah and will be regarded as an unbeliever”.

MUSWEN in its memorandum on Federal structure and devolution of power, pointed out that the Exclusive list is overburdened with 68 matters to legislate on, recommending that the federal government should devolve more powers to Regions and States and Section 2(2) of the constitution should recognize six zones if not regions, in line with the already established six geo-political zones.

“Each zone or region should have control over the resources within the States constituting the Region or zone subject to maximum profit of 30% royalty to the Federal Government.

“Consequently, MUSWEN is of the view that because mineral resources are spread across all parts of the country, the provision of Section 140 of the repealed 1963 Constitution is hereby recommended” which according to section 140(1) provides: “There shall be paid by the Federation to each Region a sum equal to 50 per cent of; The proceeds of any royalty received by the Federation in respect of any minerals extracted in that Region; and any mining rents derived by the Federation from within that Region”.

MUSWEN also advocated for local government autonomy, citing section 7 of the 1999 Constitution which recommends that the local government system should be amended, to include autonomy of LGs under the respective States.

On the rights of women, MUSWEN, while making reference to several Quranic verses, declared that the use of Hijab is in line with the right to religion provided in Section 38 of the Constitution, adding that discrimination against Muslim women and girls either at work place, school or other public places is a violation and contradiction to Section 42 of the 1999 Constitution.

“It is therefore strongly recommended that the Constitution be strengthened to protect the Muslim women against discrimination, particularly with regards to dressing and the use of hijab, either in schools, work places and/or public offices” MUSWEN demanded.

On the right to qualitative education, the group submitted: “Thus, the issue of education should be taken from Section 18 of the 1999 Constitution and moved to Chapter 4 of the Constitution. This will ensure that qualitative education is provided at all levels in public education institutions by mandating managers of public education institutions (i.e. MDAs in the education sector) to compulsorily patronize public schools. This will ensure adequate funding, monitoring and evaluation of public provision of education in Nigeria”.

Also advocated was the point that public offices should be held in high esteem as the occupants require some level of intelligence, zeal and commitment to be able to govern their constituents adequately.

The group posited that having basic education as a qualification, to an extent, ensures that the public office holders have the necessary level of intelligence.

Consequently, it called for a minimum of first University degree or Higher National Diploma (HND) as a pre-requisite for all aspirants vying for the offices of President and Governor, the legislative houses, including Chairman and Councillor of Local Councils.

In addition, MUSWEN called for amendment of S65(2)(a), S106(c), S131(d), S177(d), of the constitution, so as to ensure that a minimum of first degree or its equivalent is met for qualification of election to the offices of President, Governor, member of National Assembly and member of State Houses of Assembly.

Earlier, the Senate Leader and Chairman of the hearing, Opeyemi Bamidele assured all stakeholders who presented, that their memoranda would be given due attention and consideration, adding that this was the reason he clamoured diverse advocacy – for critical amendment to the constitution.

In his remarks at the hearing, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, (SAN) applauded the Senate’s Fiscal reforms bill, affirming that it aligns with the Supreme Court judgement, with respect to admission of funds to the local councils and abolition of State-Local government joint account.

Pedro observed: “Policy decisions in many instances contradict the plain language of the Supreme Court judgement, using ordinary interpretation of the constitution, particularly by section 1,6, 2; 5 and 6.

“We have the opportunity to align with the constitution, with respect to the decision of the Supreme Court, so that there won’t be inconsistency”.

Alternatively, Pedro charged the Senate to restate the position of the constitution; better still, the National Assembly proclaimed the Supreme Court ruling as the legislative constitution.

The Commissioner also tasked the Senate to have a second look at the inconsistency observed in the bills, calling for more power to be vested on the States’ Independent Electoral Commission and another version advocating for creation of the national local government electoral commission.

On creation of Local Council Development Areas, from the parents’ local government councils, Pedro affirmed that the 1979 provides for such, with the relevant judgement, saying that the 1999 constitution is responsible for the present controversies.

The senior Legal head, while speaking on judiciary reforms charged that the necessary review be made, so as to avoid the Court of Appeal be turned to trial court of the election petitions, as well as to check the vacuum, always created by the elevation of the presiding officers from the lower courts, such as customary and magistrate courts, to higher courts.

In his presentation at the hearing, the Chairman, Conference of Speakers of State Houses of Assembly (South West), Hon. Adeoye Stephen Aribasoye raised concern on the irregularities that characterize sack of Presiding Officers.

Against this background, Aribasoye who is the Speaker of the Ekiti State House of Assembly said the Conference would work on standard conditions and make it available to the Constitution Review Committee – so as to avoid arbitrary removal of officers, just like in the cases of Governor and President.

The Ekiti Lawmaker pointed out that another challenge is the situation where the sitting Governor declines to inaugurate and proclaim a House of Assembly, sequel to stalemate between him and members.

He therefore proposed a constitutional amendment, where power to inaugurate and proclaim a legislative house, is relinquished from the Governor and vested on the Clerk of the House.

Besides MUSWEN, other groups that also presented memoranda were Nigeria Labour Congress (NLC) and Nigeria Union of Local Government Employees (NULGE), Lagos State Chapters; National Council of Women Society (NCWS); Nigeria Bar Association (NBA); different youth and Students’ Union bodies, Muslim Rights Concern (MURIC). Bills clamouring for creation of Lagoon, Ijebu, Ibadan, Oke Ogun, Ogbomoso states were also presented.

The hearing was enriched by the participation of ranking members of the Senate including the Senate Leader, Opeyemi Bamidele (Ekiti Central); Banigo Harry (Rivers West); Shuaib Afolabi Salisu (Ogun Central); Gbenga Daniel (Ogun East); 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).

In attendance also were royal fathers from all the six states in the South-West.

Source: TheGuardian