Sharia Implementation in Northern Nigeria, 1999–2006: A Sourcebook, compiled and edited by Philip Ostien, Volumes I–V [Ibadan, Nigeria: Spectrum Books Limited, 2007], ISBN: 978-978-029-837-1.
| Pages | 104-110 |
| Author | Tonye Clinton Jaja |
| Date | 01 March 2010 |
| Published date | 01 March 2010 |
| DOI | 10.3366/E095488900900053X |
In these five volumes of his book, Philip Ostien attempts to redress the dearth of documents, records and legal materials on Sharia law in Nigeria since the re-introduction of Sharia law in respect of criminal matters in the year 1999.
In an age when the interaction between religion (in this case, Islam) and law, human rights, rule of law, democracy and constitutionalism dominates so much scholarship and discourse in international law and national law, it is imperative to understand how the implementation of Sharia law in Northern Nigeria has impacted human rights, constitutionalism, peace and security in Nigeria. In turn, this understanding is a useful tool in understanding the interaction between Sharia law and human rights and is ‘relevant to the debate on global peace and security’.
See M. Baderin,
These volumes are a fine example of great scholarship and an invaluable resource for academics and others on one of the most important phases of Nigeria's history and also on one of the most controversial subjects in Nigeria, namely Sharia law. More importantly, these volumes are groundbreaking as the first of its kind in view of the perennial problem of access to official documents and the poor quality of available legal documents as explicitly acknowledged by legal scholars
See T. C. Jaja,
See P. Ostien,
Ostien fitting begins by delineating the scope and content of the volumes in the preface as essentially a source of documentary evidence on Sharia implementation as opposed to an in-depth analysis of Sharia implementation in Northern Nigeria.
In compiling this volume, Ostien has carefully included documents that demonstrate the link between human rights and Sharia law. For instance, he includes evidence of recommendations for amendments of Sharia law provisions in the Penal Code of 1960 to bring it in accord with fundamental Human Rights provision in the then existing Nigerian Constitution of 1960.
Ostien has demonstrated that mere enactment of Sharia legislation does not necessarily translate into realisation of the legislative policy. In other words, the implementation of Sharia law in Nigeria has not always produced the initial objective of the enacted legislation, which is often a legal transplant. This is often the problem encountered with the adoption of legal rules and codes. A succinct illustration in this regard was the practical unworkability and abuse of the Penal Code provision of the right to ‘opt out’ of trial for non-Muslims in Sharia courts, which resulted in its repeal in Northern Nigeria.
The major criticism of this volume on Historical Background is the wholesale omission of documents on the Sharia Debate of 1976–8 Constitution Drafting Committee (CDC) that drafted the 1979 Constitution of the Federal Republic of Nigeria. The 1976–8 Sharia Debate documents are crucial in the history of Sharia adoption and implementation in Nigeria, considering that they contain details of the arguments for and against the extension of Sharia law to cover criminal matters (as opposed to its erstwhile civil jurisdiction in the 1960 Constitution of Nigeria), and the reasons why the CDC refused to extend the jurisdiction of Sharia law to include criminal matters in the 1979 Nigeria constitution.
Another criticism is the disproportionate and unbalanced inclusion of...
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