By Ebute Mathew, Kaduna
The Supreme Council for Shariah in Nigeria (SCSN) has kicked against the proposed constitutional amendments seeking to establish an Ecclesiastical Court for Christians and to grant full control of natural resources to oil-producing states, describing them as discriminatory and potentially divisive.
The Council’s strong positions were contained in a memorandum presented to the House of Representatives Sub-Committee on Constitution Review at the North West Zonal Public Hearing held in Kaduna. The memo was delivered by the Secretary General of the Council, Malam Nafi’u Baba-Ahmed.
While the Council welcomed the ongoing constitutional review as a vital opportunity to correct imbalances in Nigeria’s governance structure, it warned against reforms that could “reignite old rivalries, compromise justice, or destabilize the federation.”
Rejecting the proposal to establish Ecclesiastical Courts, the Council argued that existing British-style courts already cater adequately to the Christian population. It said the move was unnecessary, duplicative, and wasteful, noting that the concept lacks legal and religious justification even within global Christian jurisprudence.
According to Baba-Ahmed, “The British-style legal system in operation today already reflects Christian values and serves Christian interests. Creating another court system for Christians, amount to legal redundancy and unfair advantage.”
The Council, however, said it would not oppose the establishment of such courts if proponents insist, provided that similar rights and freedoms accorded to Muslims under the Shariah system are fully respected and equitably applied.
On resource control, the SCSN firmly opposed attempts to alter Section 44 of the Constitution to transfer mineral rights to states, describing it as “a veiled plot to concentrate national wealth in a few states at the expense of others.”
It warned that ceding 75 percent of oil revenue to producing states while other states are left out would violate the spirit of national equity and solidarity that underpins Nigeria’s federalism.
The Council also called for the expansion of the jurisdiction of the Shariah Court of Appeal, saying the current restriction to personal law is unjust and discriminatory. It urged the Constitution Review Committee to delete the word “personal” from relevant sections to allow the Court to adjudicate on wider Islamic civil matters.
The Council further rejected proposals for automatic domestication of international treaties, reserved legislative seats for women, and automatic commutation of death sentences for pregnant women, arguing that such amendments either undermine national sovereignty or clash with cultural and religious values.
In its concluding submission, the Council called for a fair, inclusive, but non-preferential constitutional reform process that strengthens justice, unity, religious freedom, and good governance across Nigeria.
