By Eric Teniola
CERTAIN penalties comply with after which there’s a explicit courtroom to which you go for these penalties. The second one is the customary marriage. If you do customary marriage, your marriage is doubtlessly polygamous and the divorce, testate and intestate succession comply with the customary manner.
The third one is the Islamic regulation system. If you marry beneath the Islamic system, your marriage, your divorce or succession-testate and intestate-follow that. So, it isn’t a sound argument to say that we’re creating a brand new authorized system.
We aren’t. If you take a look at all our case legal guidelines and all our courts, you discover that the distribution of property beneath the primary heading- the Received Law-has been laid down as excessive as on the Supreme Court and when you take a look at the customary regulation system, the system as adopted in these areas, it’s as laid down by the Supreme Court; whether or not it’s ori oju ori or idi igi system. Now to the Islamic system.
The downside arose from what I mentioned earlier on that we’ve totally different constitutions for various states, and I’m positive many individuals have by no means learn constitutions of different states, significantly within the outdated Northern Region. In the olden days, there was just one Region and, subsequently, there was no must create an appellate courtroom past the Region for that space which had this Islamic regulation system. Before I’m going on, might I make it clear that within the Draft, as supplied, there is no such thing as a felony jurisdiction by any means, in order that the query of utilizing it to persecute anyone doesn’t come up. People have stopped me exterior and requested: If that is authorised, will it not be used to persecute folks?
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We had been very, very cautious to limit it to non-public regulation only-marriage, divorce and the questions of testate and intestate; and also you go there solely as of alternative. You aren’t even compelled to go there even on issues of private regulation. So the query of persecution doesn’t come up. Two, when you take a look at the provisions, significantly of part 180, of the Draft, these areas which don’t want Islamic regulation system won’t ever have it. It is not going to be compelled upon them. I imply, it’s unthinkable that in Oyo State we’re going to have Sharia. As a matter of truth even these areas within the North who don’t want the Islamic regulation system may abolish it by means of their legislature.
They shouldn’t have to have it. So, it isn’t compelled on anyone. Anybody who feels or alleges that this nation is being was a Moslem State is solely being mischievous. It will not be true in any respect. My Lord, …I’m a Christian. As I mentioned, Mr. Chairman earlier on, we had Appeal Courts on the Regional degree earlier than, however with the creation of extra states, this was the difficulty that confronted the CDC. What will we do ?
Now, beneath the outdated – two issues used to go to the Supreme Court – issues which pertain to basic rights and issues which pertain to interpretation of the Constitution-so that from the Sharia Court of Appea1 within the outdated North, appeals used to go to the Supreme Court on these two grounds.
What attorneys used to do, I’m not letting out any secret, is that if we’re briefed on a specific matter that we all know is not going to usually go to the Supreme Court, all we’ve to do, by ingenuity, is to seek out grounds which is able to result in interpretation of human rights or interpretation of the Constitution in order that the Supreme Court could have the jurisdiction to assessment the matter.
With the creation of extra states, what will we do? Nobody is saying that the North mustn’t have what that they had earlier than, however what will we do ? You have 11 courts, or allow us to even assume solely 5 or 6 state courts on the appellate degree, the place do appeals go?
Since the creation of the states, we already have the Federal Intermediate Appeal Court which is between the High Court and the Supreme Court, in order that the State Sharia Court of Appeal, you can’t go straight to the Supreme Court since you can not bounce that hole.
Something simply needs to be accomplished. No matter on what line of argument you might be, there needs to be an attraction someplace between the Supreme Court and State Sharia Court of Appeal. I can’t now go to the semantics of the small print of that, however I’ve a proposal which I’ll submit on the Committee Stage. But honorable members of this House, Mr Chairman, we can not – it will likely be unfair and improper beneath the federal system to permit a gaggle of states to gang collectively to enact legal guidelines which is able to govern them. That is not going to be permissible.
It needs to be accomplished by the federal authority, it needs to be accomplished by the National Assembly and it needs to be accomplished within the Constitution. I don’t need to widen the realm of battle, issues of particulars or how it’s to be accomplished will come ahead on the Committee.
Now, honourable members, any individual has raised the argument of interplay, and that is my distinguished good friend, a nominated Member, (Professor J.I. Tseayo), who’s from the University of Jos not from Ahmadu Bello, University opposite to the press reviews.