Catholic Bishops To NASS: Expunge Sharia Law From 1999 Constitution

The Catholic Bishops Conference of Nigeria (CBCN), on Thursday
asked the National Assembly to expunge from the 1999 Constitution
all references to Sharia Islamic law.

The Bishops also urged the lawmakers to project the secularity
of Nigeria pursuant to Sections 10 and 38 of the Constitution as no
other religion is recognized by the supreme law of the country
except Islam.

In the copy of its memorandum presented to the Senate Committee
on Constitution Review made available to reporters in Abuja, the
CBCN stated that there must be an end to the established status
that Islam enjoys in the Constitution before Nigeria can have
lasting peace and unity.

The memorandum, which was co-signed by the CBCN President,
Archbishop Augustine Akubeze, and the Secretary of CBCN, Bishop
Camillus Umoh, maintained that the 1999 constitution was an
imposition of the military, adding that it has put Christians and
adherents of other religions at a disadvantage in any place with a
Muslim majority.

The Catholic Bishops’ memo reads in part: “Regarding the 1999
Constitution of the Federal Republic of Nigeria, we state in the
first place that there was no time Nigerians convened as individual
stakeholders or as represented citizens to decide on or give it to
them as a binding law or constitution. The 1999 Constitution of the
Federal Republic of Nigeria is a product of and an imposition of
the military.

“Bearing this in mind, therefore, the particular aspect we want
to address for this Review of the 1999 Constitution has to do with
the place Islam as a religion has assumed in our Constitution
vis-à-vis our national life, to the extent that the 1999
Constitution has put Christians and adherents of other religions at
a disadvantage in any place with a Muslim majority.

“Complaints abound about the lack of adequate compliance with
the provisions of the 1999 Constitution of the Federal Republic of
Nigeria against the establishment of any state religion, respect
for the freedom of religion, including the right to freely change
one’s religion, and equality of all religions before the law. In
particular, there have been complaints about the special bias,
recognition and prominence accorded to Islam in the Constitution of
this nation, Nigeria.

“The framers of the 1999 Constitution created Sharia Courts for
Muslims. This explains why a Christian cannot be appointed as Kadi
under the laws of the States or Grand Kadi of the Sharia Court of
Appeal.

“Thus, we conclude that while Muslims exclusively have a Court
that regulates their affairs and to which they can exclusively be
appointed as Judges, the same cannot be said for the Christians, or
people of other religions. This shows a constitutionally backed gap
of inequality and under-representation in the Nigerian
judiciary

“The establishment of Sharia Courts of Appeal in our
Constitution is therefore inconsistent with Sections 10 and 38 of
the 1999 Constitution. It amounts to the adoption of a State
religion which Section 10 of the 1999 Constitution forbids and
prohibits.

“It translates to the adoption of Islam as a State religion. Of
course, the enforcement of Sharia laws with public funds amounts to
those States adopting Islam as a religion. We submit that adopting
sharia law(s) as a State laws(s) amounts to adopting the religion
founding those laws as state religion; and this violates Section 10
of the 1999 Constitution”.

It went further that: “To ensure peace and unity of the nation,
there must be an end to the practically established status that
Islam enjoys in our Constitution. We note in this regard that while
Islam is mentioned very many times in the Constitution, there is
not a single mention of Christianity or any other religion in the
Constitution. This should be redressed.

“For the sustenance unity and fairness in this country, the
Senate has to take seriously this stand of the Catholic Bishops
Conference of Nigeria in response to its call for memoranda on the
Review of the 1999 Constitution; and has to see this Constitution
review exercise as an opportunity to give sincere listening ear to
Nigerians to whom the 1999 Constitution of the Federal Republic of
Nigeria (As Amended) later referred to as ‘The 1999 Constitution’
remains an imposition.

“Consequently, we, the Catholic Bishops of Nigeria, speaking in
the name of the Catholic community in Nigeria, hereby submit that
Nigerians do not have one law as one people in one nation.

“To correct this, all references to Sharia and any other
discriminatory or divisive law(s) should be expunged from the 1999
Constitution of the Federal Republic of Nigeria (As Amended).”

The Catholic Bishops Conference of Nigeria (CBCN), on Thursday
asked the National Assembly to expunge from the 1999 Constitution
all references to Sharia Islamic law.

The Bishops also urged the lawmakers to project the secularity
of Nigeria pursuant to Sections 10 and 38 of the Constitution as no
other religion is recognized by the supreme law of the country
except Islam.

In the copy of its memorandum presented to the Senate Committee
on Constitution Review made available to reporters in Abuja, the
CBCN stated that there must be an end to the established status
that Islam enjoys in the Constitution before Nigeria can have
lasting peace and unity.

The memorandum, which was co-signed by the CBCN President,
Archbishop Augustine Akubeze, and the Secretary of CBCN, Bishop
Camillus Umoh, maintained that the 1999 constitution was an
imposition of the military, adding that it has put Christians and
adherents of other religions at a disadvantage in any place with a
Muslim majority.

The Catholic Bishops’ memo reads in part: “Regarding the 1999
Constitution of the Federal Republic of Nigeria, we state in the
first place that there was no time Nigerians convened as individual
stakeholders or as represented citizens to decide on or give it to
them as a binding law or constitution. The 1999 Constitution of the
Federal Republic of Nigeria is a product of and an imposition of
the military.

“Bearing this in mind, therefore, the particular aspect we want
to address for this Review of the 1999 Constitution has to do with
the place Islam as a religion has assumed in our Constitution
vis-à-vis our national life, to the extent that the 1999
Constitution has put Christians and adherents of other religions at
a disadvantage in any place with a Muslim majority.

“Complaints abound about the lack of adequate compliance with
the provisions of the 1999 Constitution of the Federal Republic of
Nigeria against the establishment of any state religion, respect
for the freedom of religion, including the right to freely change
one’s religion, and equality of all religions before the law. In
particular, there have been complaints about the special bias,
recognition and prominence accorded to Islam in the Constitution of
this nation, Nigeria.

“The framers of the 1999 Constitution created Sharia Courts for
Muslims. This explains why a Christian cannot be appointed as Kadi
under the laws of the States or Grand Kadi of the Sharia Court of
Appeal.

“Thus, we conclude that while Muslims exclusively have a Court
that regulates their affairs and to which they can exclusively be
appointed as Judges, the same cannot be said for the Christians, or
people of other religions. This shows a constitutionally backed gap
of inequality and under-representation in the Nigerian
judiciary

“The establishment of Sharia Courts of Appeal in our
Constitution is therefore inconsistent with Sections 10 and 38 of
the 1999 Constitution. It amounts to the adoption of a State
religion which Section 10 of the 1999 Constitution forbids and
prohibits.

“It translates to the adoption of Islam as a State religion. Of
course, the enforcement of Sharia laws with public funds amounts to
those States adopting Islam as a religion. We submit that adopting
sharia law(s) as a State laws(s) amounts to adopting the religion
founding those laws as state religion; and this violates Section 10
of the 1999 Constitution”.

It went further that: “To ensure peace and unity of the nation,
there must be an end to the practically established status that
Islam enjoys in our Constitution. We note in this regard that while
Islam is mentioned very many times in the Constitution, there is
not a single mention of Christianity or any other religion in the
Constitution. This should be redressed.

“For the sustenance unity and fairness in this country, the
Senate has to take seriously this stand of the Catholic Bishops
Conference of Nigeria in response to its call for memoranda on the
Review of the 1999 Constitution; and has to see this Constitution
review exercise as an opportunity to give sincere listening ear to
Nigerians to whom the 1999 Constitution of the Federal Republic of
Nigeria (As Amended) later referred to as ‘The 1999 Constitution’
remains an imposition.

“Consequently, we, the Catholic Bishops of Nigeria, speaking in
the name of the Catholic community in Nigeria, hereby submit that
Nigerians do not have one law as one people in one nation.

“To correct this, all references to Sharia and any other
discriminatory or divisive law(s) should be expunged from the 1999
Constitution of the Federal Republic of Nigeria (As Amended).”