JUSTICE DELAYED, JUSTICE DENIED: ADJUDICATION OF ISLAMIC PERSONAL LAW CASES IN NIGERIA'S PLURAL LEGAL SYSTEM

Abstract

The Nigerian legal system is pluralistic with the common law, Islamic law and customary law as the major legal traditions in the country. This pluralism is reflected in the judiciary which consists of three types of courts, namely English-style courts, Islamic courts and customary courts that are traceable to these three legal traditions respectively. However, Islamic courts (namely, area courts, Sharia courts and the Sharia Courts of Appeal) do not have exclusive jurisdiction in Islamic law matters as the jurisdiction of English-style courts (High Court, Court of Appeal and Supreme Court) also extend to Islamic law (and customary law) matters. Prior to 1979, the Sharia Court of Appeal of the defunct northern Nigeria was the highest appellate court for Islamic law cases in northern Nigeria terminated  and lawyers had no right of audience in Islamic courts. However, the defunct 1979 Constitution changes these; it created appeal from the Supreme Court of Appeal of the States to the Court of Appeal and finally to the Supreme Court, and allowed lawyers into Islamic courts.  While English-style courts are generally notorious for the delay in the disposal of cases, Islamic courts are known for speedy dispensation of justice.  However, the developments introduced by the 1979 Constitution into the administration of Islamic law in the country have brought many factors that are now occasioning delays, and often, inordinate delays, into the final disposal of Islamic cases in northern Nigeria.  The paper, using the case study method identifies the causes of delay in the adjudication of Islamic personal law (family law, gifts, and waqf) cases in both Islamic and English-style courts in Nigeria with particular reference to northern Nigeria. The paper suggests ways of overcoming the challenges responsible for these delays.

Keywords: Islamic courts, English-style courts, Administration of Islamic law in Nigeria, delay in adjudication of cases, Legal Pluralism in Nigeria