2025: Expunge Sharia from Nigerian Constitution
By Funmilayo Adesanya-Davies
Nigeria with a population of more than 230 million, Nigeria is a multinational state inhabited by more than 250 ethnic groups speaking 500 distinct languages, all identifying with a wide variety of cultures. The three largest ethnic groups are the Hausa in the north, Yoruba in the west, and Igbo in the east, together constituting over 60% of the total population. The official language is English, chosen to facilitate linguistic unity at the national level.
Nigeria’s Constitution ensures de jure freedom of religion, and it is home to some of the world’s largest Muslim and Christian populations. Nigeria is divided roughly in half between Muslims, who live mostly in the north part of the country, and Christians, who live mostly in the south; indigenous religions, such as those native to the Igbo and Yoruba ethnicities, are in the minority.
It is notable that Chapter 1, Part II, Section 10 of the 1999 Constitution of the Federal Republic of Nigeria prohibits the adoption of a state religion by the federal government or any state government. That is to say, “Section 10 of the Nigerian Constitution states that the government of Nigeria cannot adopt any religion as the state religion.
This means that Nigeria is not a Christian or Islamic country.”
The section has been debated in the context of the application of Shari’a in the northern states of Nigeria. Some argue that the application of Shari’a violates the right to freedom of religion. Others argue that Shari’a only applies to Muslims and does not affect non-Muslims. However, the truth is that the introduction of Sharia into Nigeria 1999 Constitution as well as its practice are unconstitutional in the nation as a secular state. It’s time to completely expunge Sharia and everything Islamic from Nigerian Constitution, as no trace or mention of Christianity and traditional religion is found in the Constitution.
Related sections of the Nigerian Constitution in Section 38, states that, “Every person has the right to freedom of thought, conscience, and religion. Section 12 categorically states that, “No treaty between Nigeria and another country can have the force of law unless it is enacted into law by the National Assembly.” It was not until 1986 when Ibrahim Babangida and his Islamic military regime sneaked in the products of Islamic beliefs into the Nigerian Constitution out of greed and towards Islamization of the country.
Since then, most Nigerians have been advocating for the removal of Sharia and Islamic references from the Constitution with several reasons including:
- Secularism: Nigeria is a secular state, and some argue that the inclusion of Sharia and Islamic references in the constitution undermines this principle. They believe that the constitution should be neutral and not favor any particular religion.
- Equality: Advocates for removal argue that the current constitution creates a sense of inequality among citizens. They believe that all Nigerians, regardless of their religious affiliation, should be treated equally under the law.
- Human Rights: Some argue that Sharia law, as implemented in some Nigerian states, violates human rights and contradicts the principles of equality and justice enshrined in the Constitution.
Most Nigerians advocate for the removal of Sharia and Islamic references from the Constitution not only because it’s a secular nation but because Nigeria is a country with a diverse population, comprising over 250 ethnic groups and a significant number of Christians and Muslims. The country’s Constitution, which was enacted in 1999, recognizes the importance of religions in Nigerian society, but not any religions in particular. The removal of Sharia and Islamic references from the Constitution would be essential for promoting secularism, equality, and human rights, as adherents of other religions see it as an attack on their cultural and religious identities.
Ultimately, the decision to amend the constitution should be based on a thorough and inclusive national dialogue, taking into account the diverse perspectives and interests of all Nigerians.
Further, the question again is, what has the collaborators benefited from the introduction of Sharia into the Constitution so far? And especially since they introduced Sharia into Northern Nigeria. They have ironically benefited terrorism, insurgency, insecurity, banditry, extremism, kidnapping, poverty, illiteracy, living in IDP Camps, backwardness, uncertainty, the lists are endless in addition to the inhuman, barbaric and brutal activities of Boko Haram, ISWAP, Muslim assailant, Militant Fulani herdsmen and bandits.
The collaborators had wanted to be like Islamic countries of the world but ironically, some Islamic countries’ prominent issues are unenviable, these include: Afghanistan (political instability, extremist groups), Pakistan (terrorism, economic inequality), Iran (nuclear program, human rights concerns), Saudi Arabia (human rights violations), Egypt (political unrest, economic challenges), Syria (civil war, humanitarian crisis), Yemen (civil war, famine), Libya (political fragmentation, violence), Somalia (piracy, instability), and Iraq (sectarian violence, corruption).
Some other negativities observable in Islamic nations include to mention but a few are, political instability, violence, extremism, for instance, the rise of extremist groups like ISIS and Al-Qaeda has significantly impacted several Islamic nations, causing terror attacks and humanitarian crises. Their Human rights concerns include restrictions on freedom of speech, religion, and assembly are prevalent in some Islamic countries, raising human rights concerns. What about Inter-communal conflict resulting in sectarian tensions and ethnic conflicts within certain Islamic nations leading to violence and displacement.
Nigerian Supreme Council for Ecclesiastical Affairs (NSCEA) has seriously advised and called on the President of the Federal Republic of Nigeria, President Ahmed Bola Tinubu to step up and take some giant strides such as to, “Expunge Sharia and Everything Islamic from Nigerian Constitution.
Prof. Funmilayo Adesanya-Davies is a Professor of Applied Linguistics, a Political Analyst and a Public Commentator.
