RECENTLY, a group, the Supreme Council for Shariah in Nigeria (Oyo branch), announced the indefinite postponement of its plan to inaugurate a Shariah Court in Oyo, Oyo State. The postponement came on the heels of widespread outcry against the inauguration earlier scheduled for January 11, with critics arguing that the introduction of Shariah could disrupt the state’s religious harmony. According to the organisers, the inauguration was to take place at the Muslim Community Islamic Centre in Mobolaje Area, Oyo, and was to have been attended by prominent figures listed in the flier released on the programme, namely the Bashorun of Oyo Land, High Chief Yusuf Akinade Olayinka I, the Royal Father of the Day; Mufairu of Oyo Land, Alhaji Abdullateef Eleyele, the Spiritual Father of the Day; and Aare Musulumi of Oyo Land, Alhaji Tajudeen Kamorise, the Chief Host.

In a press statement signed by the chairman of the organising committee, Dr. Bello Adisa, the group said: “This is to inform the general public, on behalf of the entire Muslim community of Oyo town, that the inauguration ceremony of the Independent Sharia Arbitration Panel in Oyo town, initially scheduled for 11th January 2025 at Oyo Muslim Community Islamic Centre, Agbogangan, Oyo, has been postponed. A new date will be announced later. The postponement follows an inadvertent reference to the event as the inauguration of a Shari’a court in Oyo town and its environs instead of the Independent Sharia Arbitration Panel. This arbitration panel, which already exists in many parts of the South-West, is meant only to settle family disputes among willing Muslims, without enforcement powers. It is not a court. We deeply regret any inconvenience caused by this misrepresentation and the subsequent postponement.” In reaction to the development, the Oyo State governor, Seyi Makinde, said: “About the establishment of Shaia court in Oyo town, people may try, but for us, I swore to uphold our laws and the Constitution of Nigeria. If their actions are within the law, fine. If not, they should expect that I will insist the law must be followed.”

This incident is, to say the least, disturbing. It is unfathomable that a group of citizens would, under any guise, suggest that they are arrogating to themselves the authority to establish a court, however loosely defined, that would potentially have power to determine issues among the citizens of a state, without the slightest consideration for the laws of the land. It is even more egregious when the fact is considered that the organisers, knowing the volatile nature of the Nigerian society in matters relating to religious belief, openly printed fliers announcing the setting up of a Shariah Court with all the trappings of authority that it carries in certain parts of the country, then sought to walk back their actions after facing a barrage of criticisms from members of the public. The group claimed to be acting “on behalf of the entire Muslim community of Oyo town,” but gave no evidence of that postulation which would, in any case, still not have redeemed the egregious steps it took even if it were authentic. Given that the South-West is noted for temperance in religious matters, this development is indeed unfortunate.

To be sure, Shariah law, although limited in its application to adherents of the Islamic faith, is well represented in the Nigerian Constitution. But nothing in the law provides for its operation or application without following the steps outlined by the constitution. It is too serious a matter to be trifled with. If Muslims in Oyo State prefer to be governed under the Shariah code, that would be perfectly within their rights, especially given the fact that whatever decisions are made by the court(s) so established would not have abrogated the authority of the 1999 Constitution (as amended) and the laws of Oyo State. However, they would certainly go a step further by ensuring that this desire has a backing in state legislation. Without a law promulgated by the Oyo State House of Assembly to that effect, any court set up by anyone amounts to nothing more than a brazen assault on the authority and integrity of the Oyo State government. This should not be tolerated under any guise.

Nothing but the level of degeneration in governance and social cohesion and order in Nigeria was advertised when the group of individuals under reference announced that they were going to inaugurate a Shariah Court. Imagine individuals having no qualms about investing themselves with the governmental power to establish a court! And the government of Oyo State dithered in its response, as if there was a possibility of individuals becoming those to set up a court outside of government processes. We hope that the government will henceforth be much more forthcoming in stopping such illegal adventure in order not to give room for doubts that could be exploited for greater mischief, thereby pushing the society into avoidable problems. Mercifully, those behind the adventure have themselves taken a breather and we expect them not to ignite this kind of problematic play again, with the government enjoined to act decisively to put it to permanent rest if it ever rears its head again. (Nigerian Tribune Editorial)