Ekiti State: No Recognition for Sharia Court Under State Law
By DAMILOLA ADESULU
The Ekiti State Government has clarified that the state’s legal structure does not recognize Shariah courts or an Independent Sharia Arbitration Panel. This comes in response to reports of the first public sitting of the panel, which recently resolved two marriage disputes.
State Attorney General’s Statement
Dayo Apata, the Attorney General (AG) and Commissioner for Justice, emphasized in a statement on Thursday:
- Judicial Framework:
- Ekiti’s legal framework comprises the Customary Court, Customary Court of Appeal, and High Court, which handle issues related to Islamic, Christian, and traditional marriages, as well as inheritance disputes.
- The AG noted, “These courts have effectively addressed such matters without agitation or rancor.”
- Independent Sharia Arbitration Panel:
- The panel, which claimed to provide arbitration based on Islamic jurisprudence, is not recognized by the Ekiti judicial structure.
- Apata explained that arbitration is a quasi-judicial matter, which is regulated by law and falls within the jurisdiction of existing courts.
- Peaceful Coexistence:
- Apata highlighted the government’s commitment to ensuring peace and warned against actions that could disrupt harmony.
Political Underpinning
The Governor Biodun Oyebanji-led administration described the move as a politically motivated attempt to undermine the government ahead of the 2026 governorship election. The AG urged religious leaders to avoid being used for political purposes.
Comparative Judicial Systems
The AG also elaborated on the judicial parallels between northern and southern Nigeria:
- Sharia Courts in the North are equivalent to Customary Courts in the South.
- Appeals from Sharia Courts in the North are heard by the Sharia Court of Appeal, while Ekiti’s Customary Court of Appeal handles appeals from Customary Courts.
Regional Context
This development follows a similar controversy in Oyo State, where plans to establish a Sharia court in Oyo town were postponed indefinitely after public backlash. Oyo State Governor Seyi Makinde reaffirmed that any such court must align with the Nigerian Constitution.
Key Takeaways
- Ekiti’s judicial framework is inclusive and adequate to handle all forms of marital and inheritance disputes, irrespective of religious or cultural backgrounds.
- The state government remains firm in its stance to maintain peace and prevent actions outside the constitutional framework.
