In a strong stance on legal jurisdiction, the Ekiti State Government has officially distanced itself from both the Sharia Court and the newly proposed Independent Sharia Arbitration Panel, declaring that neither of these bodies is recognized within the state’s judicial framework. This position was articulated by the state’s Attorney-General and Commissioner for Justice, Mr. Dayo Apata (SAN), in a clear response to the recent activities surrounding the establishment of an Islamic-based arbitration panel in the state.
The declaration comes after the Independent Sharia Arbitration Panel, which is based on Islamic jurisprudence, conducted its first public sitting in Ado Ekiti last week. The panel, led by three Kadhis, Imam Abdullahi Abdul-Mutolib, Imam Abdulraheem Junaid-Bamigbola, and Dr. Ibrahim Aminullahi-Ogunrinde, heard and ruled on two marriage-related disputes during its inaugural session.
However, the Ekiti State Government remains firm in its stance that these bodies—particularly the Sharia Arbitration Panel—do not fall within the state’s established legal structure. Mr. Apata emphasized that matters of arbitration and mediation are categorized as quasi-judicial issues, and therefore fall under state-regulated laws, not outside entities like the Sharia Arbitration Panel.
“The legal structure of Ekiti State includes the Customary Court, Customary Court of Appeal, and the High Court, all of which have been adequately handling matters related to Islamic, Christian, and traditional marriages and inheritance issues. These courts have done so without conflict or controversy,” stated Mr. Apata, underlining the effectiveness and inclusivity of the existing judicial framework.
The recent surge in the creation of parallel systems, such as the Sharia Arbitration Panel, has raised concerns about the fragmentation of legal authority and the potential to create division in the legal system. While the Sharia Arbitration Panel seeks to offer an alternative dispute resolution model based on Islamic law, the state government insists that no alternative legal systems can override or replace the well-established judicial structures within the state.
This development could have far-reaching implications, not only for legal proceedings within the state but also for the broader discourse on the role of religious-based legal systems within Nigeria’s multi-faceted judicial structure. The Ekiti State Government’s position reinforces the principle of a unified legal system, where state laws remain the supreme guiding force for all civil and judicial matters, irrespective of religious affiliation.
As the debate over Sharia courts and arbitration panels continues to unfold across the nation, Ekiti’s firm stance serves as a reminder of the importance of clarity and cohesion in the legal processes that govern the diverse society of Nigeria.
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