Author(s):
Mustapha Sodiq Sunkanmi, musodiq@gmail.com, +2348101151709
Abstract:
Nigeria is made up of different religions and in essence the constitution provides for the freedom of religion. The importance of this freedom will be undermined in the absence of the provision for enabling environment for Islamic theocracy which will interpret to mean governing in accordance with the rules of Allah. This equally cannot be achieved if Shariah courts for the Muslims are not established. Establishment of the Judicial Institution is inevitable under the Islamic law to be manned by a Qadi (Judge). The position of a judge is so fragile under the Shariah to such an extent that the Prophet (s.a.w) warned people from seeking for the position of a Qadi. The proper dispensation of justice starts from the procedure for the appointment of a Qadi which is to be done by the leader of the Muslim under the Shariah with the difference of it being made by the President and the Governor under the Nigerian law. The Constitution and the rules of Judicial Council stipulate the procedures for the appointment of a Qadi which in turn politicizes the office of a Qadi. This has affected the sanctity of the office and those being appointed. Also, the issue of primarily applying for the position of a Qadi, confirmation by the legislature, non declaration of sex and religion of those to be appointed is not the true reflection of the Shariah as contained in the rules. For the proper analysis of this topic, doctrinal and exegetical research methods were used which helped in realizing the lacunas of the extant law in appointment procedure as above. It is consequently recommended that the extant law be amended to properly portray the provisions of the Shariah by placing the power to appoint on the leader of the Muslims among others. This will not only sanitize and sanctify the position alone, it will also pave way for enthronement Islamic theocracy strictly for the Muslims and help in fulfillment of the fundamental right to freedom of religion
IWF