SHARIA AND THE IGNORANCE OF THE NIGERIAN STATE; … A Citizen Reform Manifesto
By Citizen Bolaji O. Akinyemi
PREAMBLE: A REPUBLIC AT WAR WITH ITS OWN CONSTITUTION
Nigeria today stands trapped in a paradox of constitutional democracy. We proclaim neutrality in matters of religion, yet, constitutionally, entrench a faith-based judicial system. We affirm equality before the law, yet, structurally, privilege one religious legal order. We claim secular governance, yet, fund, staff, and constitutionalize religious courts.
This manifesto is not an attack on any faith; it is a defense of the Nigerian Republic itself. A state that does not understand the implications of its own constitution is not neutral—it is ignorant, and ignorance in law is never an excuse.
I. THE CONSTITUTIONAL CLAIM OF SECULARISM
The Constitution of the Federal Republic of Nigeria establishes a clear democratic governance posture in Section 10: “The Government of the Federation or of a State shall not adopt any religion as State Religion.” This clause embodies the republican principle of religious neutrality. It means:
The state must not identify with any religion; The state must not structurally privilege any religion; The state must not institutionalize religious doctrine as state law; thus, neutrality is not hostility to religion; it is equal distance from all religions.
II. THE SHARIA EMBEDDED CONTRADICTION
Despite Section 10, the same 1999 Constitution embeds Sharia explicitly and structurally by the provisions in: Sections 260–264 for Sharia Court of Appeal of the Federal Capital Territory; Sections 275–279 for Sharia Court of Appeal of a State. These provisions: Mandate state-funded Sharia courts; Require judges to be learned in Islamic law; Confer appellate judicial authority on religious jurisprudence; Integrate Sharia into the formal hierarchy of state courts. This is not passive accommodation. This is constitutional institutionalization.
III. WHY THIS VIOLATES THE SPIRIT OF SECULARISM
1. State Endorsement Through Structure: When a constitution mandates religious expertise as qualification for public judicial office, the state ceases to be neutral.
2. Asymmetry of Religious Recognition: There is No constitutional Canon Law Court for Christians; No constitutional court for Traditional African Religions; No religious court parity. This imbalance violates the principle of equal religious standing.
3. Public Funding of Religious Law: State resources are deployed to sustain religious courts—an indirect adoption of religious doctrine by the state.
4. From Personal Law to Public Consequence: Though often defended as “personal law,” Sharia decisions affect: Property, Family structure, Inheritance, Women’s rights and appeals within state judicial hierarchy. The moment religious law carries state enforcement; it becomes public law.
IV. THE STATE’S IGNORANCE: A CONSTITUTIONAL FAILURE
This contradiction reflects not wisdom, but constitutional illiteracy at the moment of the 1999 Constitution’s imposition. The Nigerian state failed to understand that: You cannot declare neutrality and codify preference. You cannot prohibit adoption of religion and institutionalize one. You cannot maintain unity through constitutional imbalance. This ignorance is not accidental—it is systemic.
V. LEGAL PLURALISM: A MISUSED DEFENCE
Defenders of Nigeria’s constitutional paradox argue Nigeria operates “legal pluralism.” But pluralism must satisfy three tests: Voluntariness – Citizens must freely choose without state pressure. Parity – All belief systems must enjoy equal recognition. Non-Institutionalization – The state must not constitutionalize religious doctrine. Nigeria fails all three. Legal pluralism cannot justify constitutional favoritism.
VI. THE 1963 CONSTITUTION AS A FEDERAL CORRECTIVE
The 1963 republican Constitution of Nigeria offers a corrective philosophy: True federalism, Autonomy of federating units, No centralized religious constitutional architecture and Cultural accommodation without federal religious entrenchment. Under the principles of the 1963 republican constitution, the federalist tenets kept religion at a personal social level and not constitutional. Faith did not become judicial architecture of the federation nor that of the economy.
VII. THE DANGERS OF CONTINUED CONSTITUTIONAL HYPOCRISY
If the constitutional contradiction persists: National unity remains fragile, Religious suspicion deepens, Citizenship fractures along faith lines, Constitutional legitimacy erodes, Secular governance becomes fiction, No nation survives long when its constitution speaks with two voices.
VIII. OUR CITIZEN DEMANDS
We therefore make the following demands:
1. Immediate Constitutional Clarification; A judicial and legislative review of all Sharia-related provisions vis-à-vis Section 10.
2. Removal of Religious Courts from State Judiciary; Religious adjudication must exist, if at all, as private arbitration, not state courts.
3. Restoration of True Federalism; Adopt the federal logic of the 1963 Constitution where regions manage cultural affairs without national religious codification.
4. Equality Before the Law; No religion shall enjoy constitutional advantage over another.
5. Constitutional Reform by the National Assembly; The National Assembly must initiate amendments that eliminate religious contradiction in Nigeria’s Grund norm.
IX. A FINAL WARNING TO THE STATE
Nations do not collapse only by coups or wars. They collapse by constitutional dishonesty. Nigeria must choose either a truly neutral secular republic, or an openly religiously plural state with equal recognition. But it cannot continue this dangerous ambiguity.
CONCLUSION: THIS IS NOT AN ANTI-RELIGION MANIFESTO
This is a pro-republic manifesto. A call for constitutional integrity. A demand for equality of citizenship. A refusal to allow ignorance to masquerade as accommodation. A constitution that contradicts itself invites chaos. A state that refuses reform invites disintegration. History will not forgive silence.
Citizen Bolaji O. Akinyemi
Founding President, PVC-Naija
Chairman, Board of Trustees
Apostle & Nation Builder
Dr. Bolaji O. Akinyemi is an Apostle and Nation Builder. He’s also President Voice of His Word Ministries and Convener Apostolic Round Table. BoT Chairman, Project Victory Call Initiative, AKA PVC Naija. He is a strategic Communicator and the C.E.O, Masterbuilder Communications.
Email:bolajiakinyemi66@gmail.com
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Phone:+2348033041236
