I assent this ………………… day of
………………………1999
(ALHAJI ATTAHIRU DALHATU BAFARAWA)
GOVERNOR SOKOTO STATE
OF NIGERIA
BILL NO…………………. OF 1999
A BILL TO ESTABLISH SHARIA COURTS TO APPLY SHARIA LAW IN SOKOTO
STATE.
..........................
Date of
Commencement
PREAMBLE WHEREAS
the 1999 Constitution of Nigeria provides for a Federal
System
of Government in a federation consisting of States and
Federal
Capital Territory based on the principles of democracy
and social justice as guaranteed under chapter 1thereof;
AND WHEREAS almost one hundred (100%) percent of the people
of Sokoto State are Muslims and are desirous of being governed by
Sharia
Law;
AND
WHEREAS by the provisions of S. 38(1) of the Constitution
every
person is entitled to freedom of thought, conscience and
religion
amongst other fundamntal human rights enshrined under
Chapter
IV of the Constitution;
AND WHEREAS by the provisions of S. 4(7) and S. 6 (4) & (5) of
the
Constitution the House of Assembly of the State is vested with
powers
to make Laws for peace, order and good government of
the
State or any part thereof;
NOW THEREFORE, BE IT ENACTED by the House of Assembly of
Sokoto
State as follows;
PART 1 - PRELIMINARY
1. This Law may be cited as the Sharia Courts Law
Short title
2. In this Law
Interpretation
'Alkali'
means
the judge of a Sharia Court
'Attorney General'
means Attorney General of Sokoto
State
'Chief Mufti'
means
the Chief Registrar of the Sharia Court of
Appeal
'Constitution'
means
the Constitution of the Federal Republic
of
Nigeria 1999
'Governor'
means
the Governor of Sokoto State of Nigeria
'Grand Kadi'
means
the Grand Kadi of the State Sharia Court
of Appeal
'Hadith'
means the sayings, teachings
and approvals of
the
Holy prophet Muhammad (SAW)
'Ijma'
means
the consensus of opinion of reknown
Muslim Jurists and Scholars on any issue in Islamic
Law
'Judicial Service Commission' means the
Commisiion established for the state
under section 197(1)(c) of the Constitution
'Kadi'
means
the Kadi of the State Sharia Court of
Appeal
'Mufti'
means
a Registrar of a Sharia Court
'Person'
means
a Muslim whether male or female
'President'
means the Presiding Aikali of teh Upper Sharia
Court
'Qiyas'
means
analogical deductions in Islamic Law
'Qur'an'
means
the devine and Holy Book of Islam
revealed
to Prophet Muhammad (SAW) by
Almighty
Allah containing a complete legal,
moral,
spiritual , economic and political system
to
govern the life and conduct of Muslims
'Sharia Court'
means
the Lower and Upper Sharia Courts
established
under this law and shall include a
SCA
'Sharia Court
means the Sharia Court of Appeal established of Appeal'
under section 275 of the Constitution
'Sharia Law'
means the Islamic Law and Practice as
prescribed by the Quran, Hadith, Ijma, Qiyas
and other sources of Islamic Law
'State'
means the Sokoto State of Nigeria
'Wali'
means an inspector of Sharia Court
PART 11 -
ESTABLISHMENT AND CONSTITUTION OF SHARIA COURT
3. (1) There are hereby established in the
State the Establishment
of
Sharia Courts;
Sharia Courts
a. the Lower Sharia Court
b. the Upper Court
c. the Sharia Court of Appeal
(2) There shall be
established a Lower Sharia Court and Upper Sharia
Court in such designated areas the Grand Kadi shall decide.
(3) The appointment
of a person to the post of the President and member
of
the Upper Sharia Court and Alkali of teh Lower Sharia Court shall
be made by the Judicial Service Commission.
(4) The Upper Sharia
Court shall be constituted by a President and one
member.
(5) The Lower Sharia
Court shall be constituted by a single Alkali
4. (1) A person shall not be qualified to
hold the office Qualification
President or a member of the Upper Sharia Court unless;
(a)
he is a serving or retired Upper Area Court Judge
(b) he is a legal practitioner in Nigeria and has been so
qualified for a period of not less than (7) seven years and
has obtained a recognized qualification in Islamic Law from
an institution acceptable to the Judicial Service
Commission or
(c) he has been an Alkali of the Lower Sharia Court for a
period of not less than 5 years.
(2) A person shall not be qualified to hold
the office of an Alkali of the Lower
Sharia Court unless;
(a) he is a serving or retired Area Court Judge or
(b) he is a legal practitioner in Nigeria and has been qualified
for a period of not less than (5) five years and has a
recognized qualification in Islamic Law acceptable to the
Judicial Service Commission
(c) Any other relevant qualification acceptable to the Judical
Service Commission.
(3) Recognized qualification in this part of
this Law means and shall include;
(a) a degree in Islamic Law from a recognized University
(b) a certificate from the former Kano (Islamic) Law school
(c) a diploma or certificate in Sharia and Civil Law from a
recognized University, College or Institution
(d) a certificate from a School for Arabic Studies or higher
Islamic Studies certificate
(e) sufficient knowledge of Islamic Law and practical training
PART 111 - JURISDICTION AND LAW
5. (1) A Sharia Court shall have
jurisdiction to hear and determine civil
matters and causes where two parties are Muslims, and in
(2) The Upper Sharia
Court shall only have appellate jurisdiction,
supervisory over the Lower Sharia Court provided that where the
need arises, the Grand Kadi shall have power to confer original
jurisdiction to a presiding Alkali of the Upper Sharia Court criminal
cases where the suspect or accused person(s) is/are Muslims.
(3) For the purpose of
subsection (1) of this section the Civil
Sharia court Shall be competent to decide all civil processings
where all parties are Muslims including any proceeding involving;
(a) Marriage under Islamic Law (Al-Nikah)
(b) Guardianship and maintenance (Al-kafala) and (Nafaqa)
(c) Succession (Mirath), will (Wasiyya) gift (Hiba) endowment
(Waqf), pre-emption (Shuf'a), and Trust (Amana)
(d) LandLaw (Hukmu Niza'il Aradi)
(e) Contract (Al-Aqd)
(f) Tort (Al-Diyya)
(g) Commercial Law (Ahkamul Buyu)
(h) Company Law and partnership (Ahkamul Sharikat) and
(Al-Musharakah)
(4) For the purpose of
subsection (2) of this section the Criminal
Sharia Court shall be ompetent to try all criminal cases processings
in which suspect(s) or accused person(s) is/are Muslim, including;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
6. The applicable Laws in both civil and criminal
Law applicable
shall include;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
7. The reference books to be used by the Sharia Court shall include
The following texts and authorities;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
8. The Sharia Court shall have jurisdiction and power only over
Persons
(a) Civil causes and matters where the 2 parties are Muslims
(b) Criminal cases where the suspect or accused is a Muslim
9. Where only one or more of several suspects or accused Person(s)
Mixed
are Muslims, the Sharia Court shall not have Jurisdiction to hear and
determine
the cases, but the court Shall have the power to try the
Muslims and refer the
case of the others to the Area or Magistrates Courts,
or such other Court with competent
jurisdiction to try the offence(s).
PART IV - PRACTICE AND PROCEDURE
10. (1) The practice and procedure to be
applied by the Sharia Court shall
include:
(a) Islamic Law and procedure contained in the sources and
text in section 6 and 7 of this Law
(b) The Grand Kadi shall issue rules of practice and procedure
to include fees payable, execution etc
(2) The Law of
edidence to be applied shall be the Islamic Law of
evidence of the Maliki School
11. (1) Every person who is charged with a
criminal offence shall be entitled
to defend himself in person or by a legal practitioner of his choice.
(2) Every party to any
civil proceedings may be represented by a legal
practitioner of his own choice or by any relation or nominee.
PART V - CONTROL OF SHARIA COURTS
12. The Sharia Court shall be under the general supervision Supervision
and control of the Grand
Kadi.
13. There shall be appointed by the Judicial Service
Appointment of
on the recommendation of the Grand Kadi, Wali of Sharia
Wali Courts.
14. The functions of a Wali shall include;
Functions
of
Walis
(a)
Advising the Grand Kadi on the appointment performance,
compaints and discipline of the president and members of the
Upper Sharia Courtand Alkalis of the Lower Sharia Court.
(b)
Advising the Grand Kadi on applicable Law, practice and
procedure, and changes thereon.
15. A person shall not be qualified to be appointed as a Wali
of Sharia
Court unless;
(a)
He is a retired Upper Area Court judge or a retired kadi of
the Sharia Court of Appeal or
(b)
He is qualified to be appointed as an Upper Area Court Judge,
a President or member of the Upper Sharia Court, or a Sharia
Court of Appeal Kadi or
(c)
He is recommended by the State Committee on Religious
Affairs, and found fit by the Judicial Service Commission.
PART VI - STAFF OF THE SHARIA COURT
16. (1) There shall be the following staff of the
Sharia Court;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2) The Alkali and
Staff of the Sharia Court mentioned in subsection(1) and
such other staff as may be required shall be public officers of the
state to be appointed by the Judical Service Commission.
(3) The salaries and
allowances of the president, members Alkalis and staff
of the Sharia Court shall be determined by the Judicial Service
Commission.
PART VII - APPEALS
17. (1) In any civil matter or cause, an
appeal shall lie as of right from the
decision of the Lower Sharia Court to the Upper Sharia Court.
(2) In criminal
cases an appeal shall lie as of right from the decision of the
Lower Sharia Court to the Upper Sharia Court.
(3) An appeal shall
lie as of right in both civil and criminal cases from the
decision of the USC to the SCA.
(4) The appeals
mentioned in subsection(1),(2) and (3) shall be filed within
30 days
(5) The appeal shall
be filed at the registry of the Sharia Court of Appeal
or Upper Sharia Court as the case may be.
PART VIII - MISCELLEANEOUS
18. (1) The president and members of
the Upper Sharia Protection
Court, and Alkalis of the Lower Sharia Court shall not be liable to be
sued in any Court for any act done or ordered to be done in the
exercise of the jurisdiction conferred by this Law or any other,
whether or not within the limits of the jurisdiction, provided that he
at the time of such act or giving such order believed in good faith to
have jurisdiction.
(2) The protection
in subsection (1) o9f this section shall extend to the
staff of the Sharia Court mentioned in section (16)(1) for all acts done
in pursuance to any order of the court.
19. The Sharia Court shall have jurisdiction to punish
summarily Contempt
for the offence commonly
known as contempt of Court for any act
commited in its
presence intentionally done to question its authority or
disobey its order.
20. A Sharia Court shall in addition to the powers conferred on
Other
it by this Law, apply
the provisions of the following legislation
legislation with
such modifications as may be necessary to
conform with the principles of Sharia;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
21. (1) The provisions in the following laws
and any other legislation Repeal
applicable to the State which defines customary Law to include
Islamic
or Muslim Law are hereby repealed;
(a)
(b)
(c)
(d)
(2) The provision of
section 3 of the Applicable Laws (Miscellaneous
Provisions) Law (Cap 6) Laws of Sokoto State which allows for the
continuous application of the common Law and doctrines of equity is
hereby repealed.
22. The Sharia Court shall carry out the orders and directions
of any superior Court of
Record when required to do so, and properly within its
Jurisdiction.
23. Where an accused person appeals against a sentence of
death, the sentence shall not be carried out until
after the hearing and the defense of the
appeal.
24. Where a Sharia Court has sentenced a person to death or
confirmed a sentence of death,
the record of proceedings and order of the Court shall
be forwarded to the office of
the Attorney General, within two weeks and
the sentence shall be carried
out on a date fixed and specified by the
Governor.
PART IX - SAVINGS
25. Pending the issuance of the Rules of Court, the rules applicable
Rules of
in the Area Courts in the case of
civil matters and causes, and Court
the Sharia Court of Appeal in the
case of civil appeals shall be applicable
with such modifications as may be
necessary to conform with the rules as
provided by the Maliki School of
Jurisprudence.
26. This Law shall only apply to causes and matters filed or
Commencement
offences Committed after its
commencement.
and
application
