By Onumajuru Onyekachi MacSantos (Abia Writers)
Edited By Chidi Aloysius Nwosu
The Nigerian 1999 Constitution says that the Nigeria constitution is supreme over any other law in the country. The Constitution further pointed out that the Nigeria Constitution absorbs dual laws, which included English common law and Sharia law. Still, Nigerians are boldly claiming that Nigeria is a secular state. Yes, I slightly agree because it exists only on the pages of newspapers and during political talks. The slogan that Nigeria is a secular state is a story for the gods and before I proceed with my forensic analysis about Nigerian Constitution and it's law, let me dive into explanation or definition of secular and Islamic (sharia) state.
A secular state can be defined as a concept, whereby a state is or purports to be officiating neutral on the matter of religion. It treats all citizens equally regardless of religion and claims to avoid preferential treatment for a citizen from a particular religion. Which means that a secular state is a free-flowing state that accommodates everyone irrespective of your faith and gender, where every person shared the same right. While Sharia Law is a religious law forming part of the Islamic tradition. It is derived from the precepts of Islam, particularly the Quran and Hadith. Sharia does not give room for amendments. It never allows women and non-Muslims to be relevant.
Since Nigeria is a secular state why is it that in the Nigerian Constitution, Muslim and Sharia law appeared many times while Christianity is nowhere to be found. In same Nigeria, the northern part of Nigeria is predominantly Muslim and also practice Sharia law while in the east and west they practice common law which is typical for a secular state, but if we go by Nigerian Constitution it is more of Sharia law because the right of Christians and other religions are not respected, Sharia law can't work or fit in a secular state because two captains can't be in the same ship. Systemically and practically, Islam remains the wave of the moment in the country and from the look of things Islamization is randomly in full gear because Hausa-Fulani with the help of Yoruba have channelled the system of government to feudal system in capitalist settings which only functions in the Arab world where they practice Sharia law.
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Let’s use the office of Chief Justice of the Nation as a case study, according to Nigerian 1979 Constitution and amended in 1999 section 231and I quote, "the appointment of a person to the office of Chief Justice of the Nation shall be made by the president on the recommendation of Judicial Council to be confirmed by the Senate". Further, it stated that before any Chief Justice of Federation is sacked, there must be gross misconduct, which Judicial Council must look into before he or she is dismissed. So assets declaration shouldn't be the major yardstick to unseat a Chief Justice of the Federation.
The case of former Chief Justice of the country, Justice Walter Onnoghen was pure abuse of power and law because he was publicly embarrassed, suspended and disgraced out of office before going through proper and legal consultation to unseat him. Supposed Buhari appointed Justice Ibrahim Tanko Mohammed as acting Chief Justice of the country, on 25th January 2019, but the appointment didn’t pass through the mandatory system of Judicial Council, and confirmation by the Senate, besides Justice Tanko Mohammed is a Sharia court Judge.
The simple question remains since Nigeria is a secular state guided by common law as claimed, why should the president appoint a Sharia Court Judge instead of naming the next Judge to Walter Onnoghen as the most qualified as Constitution demanded? The federal character appointment as enshrined in the Nigerian Constitution has been thrown into the dustbin of history, and current APC appointment is one-sided with 85% of Hausa-Fulani and 13% of Yoruba and 2% Biafra.
Nigerian constitution stipulates that any acting position is made to last for only three months. The recent happenings in Nigeria have shown and surfaced Islamic encroachment on Judiciary. Majority of the Judges appointed to head various high and appeal courts in eastern part now, are sharia Court Judges and were sent for Islamic mission to take over Nigeria, which is where the strength of the country lies. Islam has fully occupied every sensitive sector in Nigeria.
Finally, Islamization agenda is seriously being implemented as foot soldiers like Boko Haram, Herdsmen and Nigerian security outfits are using killings or terrorism as a platform to take total control of the country, in other to fulfil the word of Sir Ahmadu Bello. Ahmadu Bello, the Sarduna of Sokoto in the parrot newspapers of 12th October 1960, "The new nation called Nigeria should be an estate of our great grandfather Usman Danfodio ...we will use the minorities in the North as willing tools and South as a conquered territory and never allow them to rule over us and never allow them to have control over the future".
We stand In Biafra
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