The Muslim Lawyers’ Association of Nigeria (MULAN) has raised concern over what it described as a decline in the number of justices with specialised knowledge of Islamic personal law available to hear Sharia-related appeals at the Court of Appeal and Supreme Court.
The association said the situation was slowing the hearing and determination of appeals arising from Sharia matters and called on the leadership of the two appellate courts to ensure that enough qualified justices are available to constitute panels for such cases.
MULAN stated its position in a communiqué issued at the end of its National Executive Committee meeting in Lafia, Nasarawa State. The communiqué was signed by the association’s President, Alhaji Hassan Taiwo Fajimite, and Secretary-General, Aminu Umar Kalgo.
According to the association, the reduction in the number of Muslim justices adequately learned in Sharia law had made it increasingly difficult to constitute panels to hear appeals involving Islamic personal law. It said the situation was contributing to delays for litigants whose cases reached the higher courts.
MULAN urged the leadership of the Court of Appeal and Supreme Court to pay closer attention to the composition of panels handling such appeals, arguing that Muslims whose cases involve questions of Sharia should have their disputes heard by justices with the required knowledge and qualifications in Islamic law.
The concern comes against the backdrop of constitutional provisions governing Islamic personal law expertise within Nigeria’s appellate judiciary.
Section 237(2) of the 1999 Constitution provides that the Court of Appeal must include not fewer than three justices learned in Islamic personal law, as well as not fewer than three justices learned in customary law.
The Constitution also goes beyond the numerical requirement for the Court of Appeal. Section 288 provides that, in making appointments to both the Supreme Court and Court of Appeal, regard should be given to the need to have among the justices persons learned in Islamic personal law as well as customary law.
For appointments to the Supreme Court, a person is regarded as learned in Islamic personal law for this purpose if the individual has been qualified as a legal practitioner for at least 15 years and possesses a recognised qualification in Islamic law acceptable to the National Judicial Council. For the Court of Appeal, the corresponding legal-practice requirement is at least 12 years.
MULAN’s complaint, however, is not limited to the number of justices prescribed by the Constitution. The association said its concern was also about the practical ability of the courts to regularly constitute panels with the specialised expertise required to determine appeals arising from Islamic personal law.
Such cases may involve issues relating to marriage, family relations, inheritance, gifts, wills and succession where Islamic personal law applies.
The courts have also, over the years, established boundaries around the jurisdiction of Sharia courts, holding that not every dispute involving Muslims automatically falls within Sharia jurisdiction. In previous appellate decisions, the courts have emphasised that the issue in dispute must fall within the areas of Islamic personal law recognised by the Constitution before the specialised jurisdiction can be invoked.
Against this legal background, MULAN said delays arising from difficulties in constituting appropriate appellate panels could affect the ability of litigants to have their cases heard promptly.
The association therefore called on those responsible for judicial appointments and the administration of the appellate courts to take the issue into consideration.
Beyond the judiciary, the lawyers also used their Lafia meeting to comment on Nigeria’s economic situation.
MULAN acknowledged what it described as efforts by the Federal Government to stabilise the economy through policies aimed at addressing long-standing economic difficulties. It nevertheless said many Nigerians were becoming impatient for those policies to translate into tangible relief in their daily lives.
The association said Nigerians “can no longer wait” for the widely promised benefits of the government’s economic measures to become visible, highlighting continuing concerns over the gap between economic policy announcements and the experience of households.
The comments came as the Federal Government continues to defend reforms introduced over the past three years. President Bola Tinubu, in his October 1 Independence Day address, said the country had moved from what he described as an era of emergency economic reforms into a new phase focused on prosperity and reducing the cost of living.
MULAN, however, maintained that whatever improvements the government points to must increasingly be felt by ordinary Nigerians.