2021 Constitution Amendment: SAN Warns against Elevation of Islamic Law

Alex Enumah in Abuja

A Senior Advocate of Nigeria (SAN), Professor Yemi Akinseye-George, has warned members of the National Assembly to shun move in some quarters to elevate Islamic laws to the level of general law, because such move would only plunge the country into further crisis.

Akinseye-George, who is also the President of the Centre for Socio-Legal Studies (CSLS), said Nigeria is not only a circular state but that rights to freedom of worship remains sacrosanct.

He was speaking at a consultative meeting on the Proposed National Minimum Standards and Review of the Administration of Criminal Justice Act (ACJA), 2015.

He said, “In the larger interest of peace and religious harmony in the country, the National Assembly should steer clear of controversial or divisive amendments, which may undermine the integrity of the whole constitutional amendment exercise and will not bring any meaningful improvement in the quality of life of the majority of Nigerians”.

The senior lawyer stated that the centre had already revealed “Attempt to enlarge the scope of Islamic law beyond the current provisions of sections 262 and 277 of the Constitution,” which clearly provide for the application of Islamic personal law to civil proceedings.

“In our considered view, there is no justification to delete the word “personal” from the phrase Islamic Personal Law. The National Assembly should not create further confusion in the polity by tampering with the secular character of the Constitution. The right of all Nigerians to freedom of worship and freedom from discrimination must remain sacrosanct”, he said.

While he observed that there are several laudable proposals for improving administration of justice in the ongoing constitutional amendment process, the law Professor urged the National Assembly to use the process to improve the access of poor Nigerians to social justice and greater economic opportunities by enlarging the scope of justiciable socio-economic rights.

He however called on the governments of Akwa Ibom, Borno, Niger, Taraba and Zamfara states, which are yet to pass the Administration of Criminal Justice Law to do so.

Akinseye-George, who noted that justice dispensation in the country have been badly affected by the recent judicial workers’ strike, also appealed to judges in the country to stagger their 2021 annual vacation so as to further inflict more pains on the citizens.