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The state coordinator, national council of Muslim Youth Organisations, eminent Muslim leaders, league of Imams and Alfas, other Muslim Organizations, Brothers and sisters in Islam.
It gives me great pleasue to present a paper on behalf of Muslim Ummah in the series of the National Council of Muslim Youth Organisations’ annual Lectures for the 2012 State conference. I am therefore, fully aware of the honour done me by National Council of Muslim Youth Organisations in giving this opportunity.
Without much digression, democratic rule is simply defined in the “Dictionary of Commentary English New Edition for Advance Learners” as a system of Government in which every citizen in the country can vote to elect its government officials.”
This definition identifies three important.parts of any democratic Rule as:-
(a) A system of government: This can be regarded as rules that are meant to guide the conduct and operation of any democratic government.
(b) Government Officials; these are the people who are democratically elected through Lawful Votes.
(c) Every citizen: These are the electorate or the Ruled who are entitled to some constitutional rights having performed their civic duties.
AS per the rules, the principal rules that guide the conduct and operations of democracy in Nigeria as it affects the Muslim Ummah are the Constitution of the Federal Republic of Nigeria 1999 and Electoral Act or Law as may be applicable to the three-tiers of government.
Considering the first very section of the said Constitution, it reads:-
Section 1:
(1) “This Constitution is supreme and its provisions shall have binding force on all authorities, persons throughout the Federal Republic of Nigeria.”
(2) “The Federal Republic of Nigeria shall not be governed, nor shall any’ person or group of persons take the control of the government of Nigeria, or any part there of except in accordance with the proviston of this Constitution.”
(3) If any other Law is inconsistent with the provisions of this Constitution, the Constitution shall prevail and that other Law shall to the extent of inconsistency be void.
There is no doubt that the above quoted sections have invalidated any rules, be it Customary Rules or the Sharia Rules, that are considered repugnant or incompatible either directly or by implication with any Law for the time being in force.
The High Court Laws so adopt similar provisions, for example Section 26
(1) of the High Court Law of Lagos State, as amended, provides:
“The High Court shall observe and enforce the observance of every customary Law which is applicable and not repugnant to Natural Justice, equity and good conscience, nor incompatible either directly or by implication with any Law for the time being in force.”
From above provisions, two tests may be identified thus;
(1) Repugnancy Test and (2) incompatibility Test, while Section 14 (3) of the Evidence Act raised the issue of public policy test, the repugnancy test is to the effect that any rule of customary law repugnant to natural justice, equity and good conscience will not “be enforced by the courts. Thus, in the case of Edet v Essien 1932, the appellant had paid the bride price in respect of a woman when she was a child. later the respondent paid bride price in respect of the same woman and took her as his wife.
The appellant claimed the custody of the children of the union, pleading the custom which said that the man who paid the bride price was the father of all the children the woman had whether or not he was the biological father until the bride price paid was refunded. The court held that the customary Law is repugnant to natural justice, Equity and good conscience, thus void.
Also in Mariam v Sadiku Ejo 1961, an igbira custom which provided that a child born within’ ten months of divorce would be presumed to be that of the former husband was rejected by the Court.
By the test of incompatibility, before a rule of law or custom can be inforceable, it must be compatible with any law for the time being in force or where a rule of custom is inconsistent with a statute, such rule cannot stand. In Aoko v. Fagbemi 1971, the appellant was sentenced and convicted for the offence of adultery in customary court.
The conviction was quashed on appeal on the ground that the offence was not defined and it’s penalty not prescribed in a written Law as provided for in section 21 (10) of 1960 constitution. The same provision is contained in Section 36 (12) of the 1999 constitution inspite of the fact that the offence was defmed and penalty is prescribed, Qur’an 24 verse 2 - 3. A lso in the case of Adesubokan v Yinusa 1971, the Islamic rule that a testator could only ‘give one-third of his estate to person who was not his heirs was held to be inconsistent with section 3 of the Wills Act 1837.
In case of public policy test: This has not been defined by any statute to decide whether a custom contravene public policy or not. It seems that whether the rule of customary Law would be frowned upon by the community, it will be held as being against public policy, Thus such rule will not be enforced. The customary rule provided that a child born outside wedlock during subsistence of the marriage would become legitimate if the father accepted the paternity.
In a shift reaction to the provision of Section 1 (1), (2), and (3) of the 1999 Constitution which ousted the application of the Sharia rule, chapter 6 verses 114-116 of the Holy Qur’an says;
(Shall I seek for Judqe other than God? When
He it is Who .. has sent unto you the Book, explained in detail. They know full-well, to whom we have given the book that has been sent down from thy Lord in Truth. Never be then of those who doubt.
The Word of Thy Lord to find its fulfillment in Truth and in justice none can change His words; for He is the one who hearth and known all.
Were thou to follow the common run of the earth (that is the Constitution and other common Law aspects) t)ley will lead the away from the way of God. They follow nothing but conjecture and they do nothing but lie” Q6: 114 - 116.
The above verses put a heavy question not’ only on the custodian of our constitution, but also on the executors of the Law. There are, therefore, 10 posting questions that permeate the mind of the guest lecturer that call for a change of our Constitution and other electoral Laws.
Man as the most cherished of God on earth, the fundamental creature therein, the vice-regent over its potentialities, what is on earth lies at ‘man dis- posal. With these enomous essentials, one will be forced to ask the following questions:-
(1) That why is our humanity and our human conceptions are sliding downward?
(2) That why Nigerian is degenerating in his inspiration, intelligent and morality?
(3) That Whey Nigerian is’ seep deteriorating in his sexual relations to a level lower than that of beasts?
(4) That why our basic functions are in operative behlitated and atrophid?
(5) That why Nigerian is seen in ill misery, anxiety and skepticism suffering from affiliation, distress, nervous and p-s-y, psychological diseases, perversion, idiocy, insanity and crime as never before in all history?
(6) That why do we see Nigerian roving without destination, killing his monotony and weariness ‘by such means as exhausting his soul, body and nerves?
(7) That why ‘has Nigerian adopted Narcotics, alcohol, desperate and elusive doctrine such as existentialism?
(8) That why Nigerian is seen killing and selling his children to purchase wear and tears?
(9) That why Nigerian is seen committing political crimes and vices of assorted kinds?
(10) That why do we see Nigerian singing and dancing necked in street and public places without security’s apprehension.

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