Nigeria Must Reaffirm Secularism, Expunge Sharia from Constitution — Prof. Adesanya-Davies

A former presidential candidate and public affairs analyst, Professor Funmilayo Adesanya-Davies, has called on the Federal Government and the National Assembly to urgently reaffirm Nigeria’s secular identity by removing Sharia—particularly Sharia-based criminal law—from constitutional recognition and state practice.

In a strongly worded position paper released on Tuesday, Adesanya-Davies argued that the continued operation and expansion of Sharia criminal justice systems in some northern states constitute a serious constitutional, human rights, and nation-building crisis.

Citing Section 10 of the 1999 Constitution, which prohibits the adoption of any religion as a state religion, the professor maintained that Nigeria is “unambiguously a secular state,” warning that state enforcement of religious law undermines constitutional supremacy and national unity.

“Once a state deploys its legislative power, courts, prisons, and coercive sanctions to enforce religious doctrine, neutrality is lost,” she said. “The state is no longer secular—it has chosen sides.”

Freedom of Religion vs State Power

Adesanya-Davies rejected arguments that Sharia criminal law is protected under freedom of religion provisions, stressing that Section 38 of the Constitution guarantees individual belief and voluntary practice, not the authority of state governments to impose religious law.

Referencing a 2004 Human Rights Watch report titled Shari’a and the Nigerian Constitution, she noted that even where non-Muslims are officially exempt, Sharia’s social and judicial effects extend into public life, affecting the broader population.

Constitutional Limits of Sharia Courts

The professor further argued that Sharia courts, as provided for under Sections 275–279 of the Constitution, are limited strictly to civil matters involving Islamic personal law. According to her, there is no constitutional basis for extending their jurisdiction to criminal cases.

She warned that allowing parallel religious criminal systems threatens legal uniformity and weakens national cohesion, noting that criminal law has nationwide implications for fundamental rights.

Human Rights and Discrimination Concerns

Adesanya-Davies also highlighted what she described as systemic discrimination arising from Sharia criminal law, particularly against Muslims, women, and the poor. She said Muslims are often denied a choice of legal jurisdiction, while punishments under Sharia—such as flogging or amputation—are harsher than those under Nigeria’s Criminal Code.

She added that women face disadvantages in evidentiary standards and sentencing, and that acts not recognized as crimes under national law, such as adultery, attract severe penalties under Sharia.

“These practices violate Sections 34 and 36 of the Constitution, which guarantee human dignity and the right to a fair hearing,” she said.

Warning on Constitutional Supremacy

The professor expressed concern over claims by some officials that Sharia law supersedes the Nigerian Constitution due to its divine origin, describing such views as a direct violation of Sections 1(1) and 1(3), which establish the supremacy of the Constitution.

“Any system that claims superiority over the Constitution amounts to constitutional rebellion,” she warned.

Call for Reform

Adesanya-Davies urged lawmakers to remove ambiguities that allow the interpretation of Sharia as state law beyond personal civil matters. Her recommendations include abolishing Sharia criminal jurisdiction, ensuring all criminal law remains secular and uniform, and strengthening constitutional enforcement mechanisms against religious overreach.

In her conclusion, she stressed that secularism is not an attack on religion but a safeguard for equal citizenship and justice in a plural society.

“A secular Nigeria is not godless; it is just,” she said. “The time has come to choose the Constitution over religious law, unity over division, and justice over dogma.”