Ex-Grand Khadi To FG: Expand Shari’a Court Jurisdiction
Stephen Olufemi Oni, Ilorin
Former Grand Khadi of the Kwara State Shari’a Court of Appeal, Hon. Justice Solihu Olohuntoyin Muhammad (rtd.), has called on the Federal Government to amend the 1999 Constitution to expand the jurisdiction of Shari’a Courts of Appeal beyond Islamic personal law matters, saying the current limitation has denied many Muslim litigants access to justice under Islamic jurisprudence.
Justice Muhammad made the call over the weekend in Ilorin, the state capital, while fielding questions from journalists.
The retired jurist said Shari’a Courts of Appeal are currently restricted to hearing appeals on matters relating to Islamic personal law, including marriage, divorce, inheritance and guardianship, leaving them without jurisdiction over other civil disputes involving Muslims.
He argued that the courts should be empowered to determine broader Islamic civil matters where parties voluntarily submit to their jurisdiction.
“We are asking the government to amend the Constitution to allow us to hear more civil matters involving Muslims. Our jurisdiction has never been expanded, and that remains our greatest challenge,” he said.
Justice Muhammad noted that while courts operating under the common law system exercise broader jurisdiction over civil disputes, Shari’a Courts of Appeal remain constitutionally limited despite being courts of record established by the Constitution.
His call comes amid renewed advocacy by Islamic organisations for constitutional amendments to broaden the jurisdiction of the Shari’a Courts of Appeal.
In 2025, both the Supreme Council for Shariah in Nigeria (SCSN) and the Muslim Ummah of South West Nigeria (MUSWEN) had urged the National Assembly to amend Sections 262 and 277 of the Constitution by removing the word “personal” from the provisions defining the jurisdiction of Shari’a Courts of Appeal. The groups argued that the current restriction creates inequality in access to justice and compels Islamic civil disputes to be determined by conventional courts.
Similarly, a Constitution Alteration Bill sponsored by Hon. Abdullahi Balarabe Salame, seeking to expand the jurisdiction of the Shari’a Court of Appeal, passed second reading in the House of Representatives in 2021 before being referred to the Constitution Review Committee for further legislative action.
The former Grand Khadi also urged Muslims in the South-West to remain steadfast in pursuing the establishment of Shari’a Courts of Appeal in states where they have yet to be established, stressing that the Nigerian Constitution already provides for their creation.
“I want to appeal to all Muslims in the South-West to continue the struggle by sponsoring bills before their respective State Houses of Assembly for the establishment of Shari’a Courts of Appeal in their states,” he said.
According to him, the absence of the courts in many South-West states has compelled Muslims to rely on customary courts to resolve disputes relating to marriage, divorce and inheritance instead of having such matters determined under Islamic law.
He dismissed fears surrounding the establishment of Shari’a Courts, insisting that they are constitutionally recognised courts whose jurisdiction is exercised only in accordance with the law.
Reflecting on his years on the bench, Justice Muhammad recalled handling several landmark cases, including one involving 16 legal practitioners, noting that many of his judgments were upheld on appeal.
He attributed his judicial record to strict adherence to the law and the fear of Allah, revealing that judges of the Shari’a Court of Appeal traditionally observe two raka’ah before writing judgments to seek divine guidance because of the enormous responsibility of dispensing justice.
The retired jurist also paid tribute to the late Chief Imam of Ilorin, Sheikh (Dr.) Muhammad Bashir Soliu, OON, describing him as a close confidant, an accomplished Islamic scholar and a visionary leader.
He disclosed that before his demise, the late Chief Imam acquired land for the establishment of an Islamic school at Oko in Irepodun Local Government Area of Kwara State, but development of the project had yet to commence.
Justice Muhammad urged the new Chief Imam of Ilorin, Sheikh Muhammad Bashir Dasuki, who now serves as Chairman of the Kwara State Council of Ulamas, to sustain the late cleric’s legacy by promoting unity among Islamic scholars and advancing Islamic education in the state.
