Shari'a Implementation in Nigeria - Peace Palace Library

Justice (Dr.) Ibrahim Tanko Muhammed
DO HEREBY MAKE, ENACT AND GIVE TO
OURSELVES the following Constitution:”
One of the dividends of democracy is that each of the federating units (states)
in our country now enjoys autonomy in many of its affairs, especially in the
formulation of laws. Each state has it’s own autonomous Executive,
Legislature and Judiciary. The Constitution has specific functions and roles
to each of these arms. The Governor is the Chief Executive of the state; he is
in control of the state’s affairs generally, assisted by his Executive Council
and officers in the public services of the state 6 . The legislature (State House
of Assembly) has been vested with powers of making laws for the peace,
order and good government of the State of any thereof with respect to matters
specified in Section 7(a) – (c) of the constitution. The structure of the State
judicature is provided by Section 6(3), (4) and (5) of the constitution. The
Judicial powers of such courts are provided by section 6 (2) of the Constitution
and shall extend to all matters between persons, or between government or
authority, and to any persons in Nigeria, and to all action and proceedings
relating thereto, for the determination of any question as to the civil rights
and obligations of the person. 7 This is an onerous role vested in the Judiciary
which makes the Judiciary the “Mother” of all supervisors. Section 4(8) of
the constitution supports this assertion:
“Save as otherwise provided by this Constitution, the exercise
of Legislative powers by the National Assembly or by a House
of Assembly shall be subject to Jurisdiction of Courts of Law
and of Judicial tribunals established by law, and accordingly,
the National Assembly or a House of Assembly shall not enact
any law, that outs or purports to oust the jurisdiction of a
court of law or a Judicial Tribunal established by law.”
The judiciary is in a unique position to create in people the respect
for the constitution and for human rights, a commitment to legality and stability
generally. The attitude of the people, both rulers and the ruled alike, towards
the constitution is conditioned to a large extent by the way in which the
constitution is interpreted and applied by the courts. This necessarily implies
that the people who shall man the judiciary (judges) must be people of proven
integrity, fearless, uncompromising, God fearing, and upright. In his opening
address at the 1995 All Nigeria Judges Conference held in Kano (30th October
– 4 November) Hon. Justice Bello then Chief Justice of the Federation
observed:
12