NSCEA Provides Constitutional and Legal Backing; Insists NSCIA Is the Only Recognised National Islamic Umbrella Body

The Nigeria Supreme Council for Ecclesiastical Affairs (NSCEA) issues this expanded and authoritative advocacy statement to categorically declare that the entity styled as the “Supreme Council for Shari’ah in Nigeria (SCSN)” is illegal, unconstitutional, and incompatible with the Nigerian State.

This position is grounded firmly in Nigeria’s Constitution, existing legal frameworks, established administrative practice, and the imperative of national unity and security.

1. NIGERIA IS A SECULAR STATE UNDER THE CONSTITUTION
   The 1999 Constitution of the Federal Republic of Nigeria (as amended) is explicit:
   Section 10 states clearly:
   “The Government of the Federation or of a State shall not adopt any religion as State Religion.”

Any organization projecting itself as a “Supreme Council for Shari’ah in Nigeria” implies a national religious authority with supremacy, permanence, or institutional reach over the Nigerian State. This is constitutionally impermissible and directly contradicts Section 10.

Nigeria recognizes freedom of religion, not religious supremacy.

2. FREEDOM OF RELIGION DOES NOT EQUAL RELIGIOUS SOVEREIGNTY
   While Section 38(1) of the Constitution guarantees freedom of thought, conscience, and religion, this freedom is individual and associative, not sovereign or territorial.

The Constitution does not grant any religious body the right to:
Establish a national religious authority with “supreme” status;
Project religious law as nationally binding;
Create institutions that suggest parallel governance structures.
Freedom of religion must operate within the supremacy of the Constitution, not above it.

3. SHARI’AH COURTS ARE LIMITED AND CLEARLY DEFINED
   The Constitution makes specific, limited provisions for Shari’ah:

Sections 260–264 provide for Shari’ah Courts of Appeal only in states that choose to establish them.
Their jurisdiction is restricted to Islamic personal law (marriage, inheritance, waqf, guardianship, etc.).
They are state-level judicial institutions, not religious councils, and certainly not national religious authorities.

There is no constitutional provision for:
A national Shari’ah council,
A supreme Shari’ah body,
Or any religious institution with nationwide legal influence.
Therefore, any claim to a “Supreme Council for Shari’ah in Nigeria” is ultra vires—beyond constitutional authority.

4. NSCIA IS THE ESTABLISHED AND RECOGNIZED ISLAMIC UMBRELLA BODY
   The Nigerian Supreme Council for Islamic Affairs (NSCIA):

Has existed for decades;
Is broadly recognized by government institutions for consultation on Islamic matters;
Operates as a voluntary, non-coercive, advisory religious body, not as a legal authority;
Has played a stabilizing role in interfaith engagement and national dialogue.

The creation of the SCSN constitutes:
Unnecessary duplication;
Institutional rivalry;
Intra-faith division;
And a destabilizing parallel structure.

Nigeria does not require — and cannot accommodate — two competing national Islamic authorities, especially where one adopts language and posture suggestive of legal supremacy.

5. LEGAL STATUS UNDER NIGERIAN LAW
   Under the Companies and Allied Matters Act (CAMA) and other applicable laws:
   Associations must operate within their registered objectives;
   Names that suggest state authority, supremacy, or constitutional functions are prohibited or subject to regulation;
   Activities must not threaten public order, morality, or national security.

The NSCEA therefore calls for:
A full review of the registration status of SCSN (if any);
Scrutiny of its sources of funding, governance structure, and public pronouncements;
Immediate sanctions where violations are found.

6. NATIONAL SECURITY AND SOCIAL COHESION IMPLICATIONS
   Nigeria is already battling:
   Religious extremism,
   Sectarian violence,
   Armed insurgency,
   And identity-driven conflicts.

In this fragile context, any body projecting the nationalization of Shari’ah or religious supremacy:
Deepens mistrust,
Fuels fear among other faith communities,
And provides ideological cover for extremists.
This is not a theoretical concern — it is a clear and present danger.

7. NSCEA’S CLEAR POSITION AND DEMANDS
   The Nigeria Supreme Council for Ecclesiastical Affairs (NSCEA) therefore advocates and insists as follows:
8. Official Government Clarification
   The Federal Government must publicly affirm that the SCSN has no constitutional or legal standing in Nigeria.
9. Regulatory Enforcement
   Relevant agencies, including the Corporate Affairs Commission and security institutions, must act to prevent misuse of religious nomenclature implying state authority.
10. Affirmation of Constitutional Supremacy
    All religious bodies must operate strictly under the Constitution, not alongside or above it.
11. Respect for NSCIA’s Established Role
    The NSCIA remains the only nationally acknowledged Islamic umbrella body for engagement and consultation.
12. Protection of Interfaith Harmony
    Nigeria’s plural character must be preserved against all forms of religious institutional overreach.
13. CONCLUSION: NIGERIA MUST NOT DRIFT INTO RELIGIOUS INSTITUTIONAL CHAOS
    The Supreme Council for Shari’ah in Nigeria (SCSN) is:
    Unconstitutional in implication,
    Illegal in posture,
    Dangerous in effect,
    And unnecessary in existence.

Nigeria is governed by a single supreme law — the Constitution — not by competing religious councils.
The NSCEA stands resolutely for:
Constitutionalism,
Rule of law,
Religious freedom without supremacy,
National unity,
And peaceful coexistence among all Nigerians.

Signed:
Bishop Professor Funmilayo Adesanya-Davies
Secretary Elders’ Council
Nigeria Supreme Council for Ecclesiastical Affairs (NSCEA)
Abuja, Nigeria