Why President @mbuhari must release Shi’a leader, Sheikh Ibraheem Zakzaky Before January 1st 2018 Or Read More

Freedom of religion, democracy and Nigerian Constitution


Section 38 (1) of the 1999 constitution and Article 18 of the Universal Declaration of Human Right, provide:“Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.”

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Since Nigeria transited into Constitutionally Democratic Government in 1999, there have been posited a clash of civilizations emerging from fundamentally opposing sets of values some which are rooted in religious belief, for instance, the Nigerian Constitution and the body of laws identified different sources of the laws to wit: Common Law, Islamic Law (shariah) and Customary Law,
these left the system as already a complex one. The conflict is more pronounced between anti-Shariah Sentiments and Shariah apologist.
The anti-Shariah sentiments argued that, even though the Nigerian legal system is complex but the Shariah system is a personal matter of Muslims, notwithstanding provision in the constitution which requires enforcement of Shariah Laws as integral part of the Nigerian Legal System.



REMEMBER: Court orders immediate release of Nigeria Shi’a leader, El-Zakzaky But President @mbuhari refused because Zakzaky do not have same faith with him.



 The Federal High Court on Friday ordered the release of the leader of the Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky.
Mr. El-Zakzaky was arrested by the military on December 14, 2015, after a clash between the movement and officers of the Nigerian army.
The army killed at least 347 members of the group.
Mr. El-Zakzaky approached the court to demand his release, months after he was arrested without being charged to Court.
He asked the Court to declare that his arrest and continued detention violated his fundamental rights.

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His lawyer, Femi Falana, said the court should declare that the continued detention of his client without charging him, was unlawful.
Delivering the judgement, Justice Gabriel Kolawole, rejected the submission of the counsel to the State Security Service, Tijjani Gazali, that Mr. El-Zakzaky was kept in protective custody of the SSS.
He said the decision to hold the Islamic cleric and his wife for their safety was not based on law.
“I have not been shown any incident report or any complaint lodged by residents around the neighbourhood that the applicant has become a nuisance to his neigbourhood,” said the judge.
He said the decision of the government to hold the applicant for so long amounted to great danger.
Citing the death of former leader of the Boko Haram leader, Mohammed Yusuf, the judge said; “If the applicant dies in custody which I do not pray for,
it could result in many needless deaths”.
Mr. Kolawole said the government should within 45 days release the applicant and his family to the police, who shall within 24 hours take them, guarded by escort, to a safe place.
He added that the SSS will pay a fine of N25 million each to Mr. El-Zakzaky and his wife, making N50 million.