A Legal Practitioner, Mr. Hameed Ajibola Jimoh Esq. has appealed to the Executive Governor of Lagos State, Mr. Babajide Sanwo-Olu for the urgent need to establish a Shariah Court of Appeal in Lagos State.

This is contained in a letter dated 17th day of August, 2020 which was made available to TheNigeriaLawyer (TNL).

According to him, he noted that the need for the establishment of the Court in the State is imperative in the light of several circumstances.

Besides, he stated that there are several women stuck in marriages who wish to divorce in accordance with the Islamic law principles but are unable to do so through a Shariah Court of Appeal, noting that the Shariah Council created as a private arbitration panel in Lagos State has not been working to fruition in this regard.

The letter reads :

17th August, 2020.

His Excellency, Mr. Babajide Olusola Sanwo-Olu,

The Executive Governor of Lagos State,
Office of the Executive Governor,
Lagos State,
Lagos State Secretariat,
Alausa,
Ikeja,
Lagos State.

Your Excellency,

APPEAL FOR AN URGENT INTERVENTION IN THE ESTABLISHMENT OF A SHARIA COURT OF APPEAL FOR LAGOS STATE AND OTHER COURTS OF ORIGINAL JURISDICTION ON ISLAMIC PERSONAL LAW MATTERS PURSUANT TO SECTIONS: 275, 277 AND 100 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)

1. The above subject matter refers, Your Excellency.

2. I am a Muslim, a legal practitioner and an indigene of Lagos State, Eti-Osa Local Government, Lagos State, though I currently reside and practise as a private legal practitioner in the Federal Capital Territory-Abuja. I hereby humbly appeal to Your Excellency for an urgent intervention in the establishment of a Sharia Court of Appeal for Lagos State and other courts of original jurisdiction on Islamic Personal Law Matters (for Lagos State), pursuant to sections 275, 277 and 100 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution.

3. Your Excellency, the need and the importance of establishing a Sharia Court of Appeal for Lagos State and other courts of original jurisdiction on Islamic Personal Law Matters cannot be overemphasized (the establishment which has for over some decades been due but seems unachievable, despite the permission of the Constitution for a State such as Lagos State to establish same). Many Muslims have been suffering on Islamic matrimonial causes/matters with no solution in resolving their matrimonial issues, especially in regard to divorce matters desired to be initiated by female Muslims in Lagos State (known as Khul’u in the Arabic/Islamic family/personal law parlance (for instance Your Excellency, there have been occasions where some (if not many) Muslim women in Lagos State married according to the Islamic personal law have desired divorce to their marriage but their husbands have refused and or neglected to pronounce divorce on them and under the Islamic law, without a judicial pronouncement/separation where there is no mutual consent to divorce, these women would remain oppressed and unable to marry another man (if they so desire to remarry) or get separated from their marriage, the situation which could instigate some of them into disregarding the mandatory Islamic principles on divorce before marrying another man and failure to achieve a valid divorce according to the Islamic law would have placed each of such women as an adulteress if she proceeds to marry another man while the first marriage is not yet dissolved (in this case, by the Islamic court), at her instance. Also, having regards to the custody of child/children of such marriage, the best interest of the child/children have not been protected and or achieved). It is also my observation that while marriages conducted according to customs (including that in the Christendom) and that of the statutory marriage have been enjoying legal status as there are courts established as: customary courts and High Courts of Lagos State established to settle matrimonial and succession/inheritance causes/matters arising from such marriages, it seems to me that only the Islamic law marriages have remained yet to have Sharia Courts to be established to settle such family law/Islamic personal law matters, hence, the crave for such establishment by Muslims of Lagos State for and on behalf of whom (including myself) I have decided to seek Your Excellency’s appeal by this letter. It is also understandable that the Shariah Council created as a private arbitration panel in Lagos State has been handicap to resolve these issues because it lacks the legal backing to stand in the position of the Islamic court of law. Furthermore, it is my humble belief that Your Excellency has a great role to perform on this issue by utilizing Your Excellency’s powers under the law (especially the Constitution) by initiating a Bill in the House of Assembly of Lagos State for the purpose of establishing a Sharia Court of Appeal for Lagos State and other courts of original jurisdiction on Islamic Personal Law Matters. It is also my humble belief that if Your Excellency could resolve this issue (which I trust that Your Excellency is capable of achieving), it would be a great achievement by Your Excellency and a milestone in the hearts and the minds of Muslims of Lagos State and in my humble self. Furthermore, Muslim practitioners in Lagos State (very pathetically) have been left to abide by customary law courts’ and common law courts’ jurisdictions (helplessly) in deciding their Islamic law matters, including matrimonial causes, which is against their faith and constitutional right to religion! See: Alhaji Ila Alkamawa v. Alhaji Hassan Bello & Anor (1998) LPELR-424(SC) and Usman v. Umaru (1992) 7 NWLR (Pt. 254) 377; (1992) 7 SCNJ (Pt.11) 388 P.400. These are some of my grounds for this appeal to Your Excellency for an urgent intervention in any way that Your Excellency could for there to be an establishment of a Sharia Court of Appeal for Lagos State and other courts of original jurisdiction on Islamic Personal Law Matters (for Lagos State).

4. Your Excellency, this my appeal is further strengthened by section 38 of the Constitution which provides thus ‘38.—(1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief, in worship, teaching, practice and observance. (2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own, or a religion not approved by his parents or guardian. (3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.’. Also, section 42 of the Constitution guarantees the freedom from religious discrimination thus ‘42.—(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person— (a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action, of the government to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, circumstance of birth, sex, religions or political opinions are not made subject ; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions. (2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.’. Furthermore, the Constitution empowers the House of Assembly of each State of the Federation (such as that of the Lagos State that desires or requires it) to establish a Shariah Court of Appeal (which includes Area Courts or other Inferior Courts such as those practiced in the Northern Part of Nigeria) in section 275 with its jurisdiction provided in section 277 of the Constitution thus ‘275.—(1) There shall be for any State that requires it a Sharia Court of Appeal for that State. (2) The Sharia Court of Appeal of a State shall consist of— (a) a Grand Kadi of the Sharia Court of Appeal; and (b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by a law of the House of Assembly of the State. 277.—(1) The Sharia Court of Appeal of a State shall, in addition to such jurisdiction as may be conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the court is competent to decide in accordance with the provisions of subsection (2) of this section. (2) For the purposes of subsection (1) of this section, the Sharia court of Appeal shall be competent to decide— (a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant ; (b) where all the parties to the proceeding are Muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant ; (c) any question of Islamic Personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim ; (d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim or the maintenance or the guardianship of a Muslim who is physically or mentally infirm ; or (e) where all the parties to the proceedings, being Muslims, have requested the court that hears the case in the first instance to determine, that case in accordance with Islamic personal law, any other question.’. I also humbly refer to section 15(2) of the Constitution.’.

5. Furthermore Your Excellency, it is my humble view and submission that Your Excellency can utilize your Excellency’s power of initiating an executive bill to the House of Assembly of Lagos State as held in the case of NASS v. PRESIDENT, FRN & ORS (2003) LPELR-10151(CA) ” Per ODUYEMI, J.C.A. (Pp. 42-52, Paras. E-C), in order to protect the religious right of the Muslims of Lagos State. I further appeal that Your Excellency should also use Your Excellency’s powers and status in whatever manners to prevail upon this issue in order for the goal to be actualized.

6. Finally, it is my humble submission that if Your Excellency could achieve this goal (which I trust that Your Excellency is capable of achieving), posterity and of course the Muslims of Lagos State as well as my humble self would be forever grateful to Your Excellency and would not forget such milestone legacy of Your Excellency. Also, Almighty Allaah would not refuse or limit His blessings on Your Excellency for the achievement! Furthermore, permit me, Your Excellency, to say that in case my services are required either professionally or religiously by Your Excellency, I shall be ready to render my services whenever required in order to achieve this goal/objective of this passionate appeal.

7. While I pray to Almighty Allaah to continue to stand by Your Excellency in your stewardship to the esteemed people of Lagos State and to continue to support you towards the fulfillment of your political mandates in your administration as the Executive Governor of Lagos State and in fulfilling your political careers and ambitions, and while I anticipate that Your Excellency would take this my appeal in good will and that necessary steps would be taken by Your Excellency in actualizing this goal, please accept the assurances of my warm regards.

Yours faithfully,
Hameed Ajibola Jimoh Esq.