By Pascal Ibe

Introduction

There is unending speculation that terrorists currently rampaging in Nigerian states are doing so to create Islamic states and their agenda.

Gradually, the terror gangs in northeastern Nigeria are migrating to the South West, which has raised concern and tension, especially with the recent abduction of the school children and teachers.

Some Nigerians believed that these terrorists who moved down to the region had in mind the ideology of imposing Sharia Law on the residents of the states.

Sharia is the religious and moral code of Islam, derived from the Quran and the teachings of the Prophet Muhammad. It functions as a comprehensive guide for Muslims.

Claim

Regarding the high spate of killings and abductions recently in Nigeria, an X user, @BiaPulse, claimed that the 1999 Nigerian Constitution permits Sharia Courts of Appeal to establish Sharia courts in every state in Nigeria, whether the state wants it or not, citing section 275.

The X user further wrote that “this means every state can be forced to adopt Sharia courts and Islamic principles.”

Verification

However, this Fact Checker went through the mentioned sections 275 and 277 of the constitution and found the claim not to be true.

The sections create a clear legal basis for the creation and existence of Sharia courts. These sections allow states to establish Sharia courts of appeal to adjudicate matters concerning Islamic personal law.

“There shall be for any State that requires it a Sharia Court of Appeal for that State. (2) The Sharia Court of Appeal of the State shall consist of – (a) a Grandi Kadi of the Sharia Court of Appeal; and (b) such member of Kadis of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State,” section 275 reads.

The section further prescribes the process and requirements for the appointment of the Kadis.

This means that while the constitution permits states to establish Sharia courts of appeal, it does not mandate them to do so. The decision rests with individual state governments, based on the needs of their Muslim populations.

The constitution does not, however, specify under what conditions a state may require the establishment of a Sharia court.

Currently, thirteen northern states — Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, Zamfara, and Kwara — have Sharia courts of appeal.

Section 277 of the Constitution allows Sharia courts to hear matters that mainly deal with Islamic personal law issues related to marriage, family, inheritance, and guardianship, provided that the parties involved are Muslims.

Section 277 reads: “The Sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the court is competent to decide in accordance with the provisions of subsection (2) of this section. (2) For the purposes of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide – (a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; (b) where all the parties to the proceedings are muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant; (c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim; (d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or (e) where all the parties to the proceedings, being muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.”

Read further an explainer by TheCable in 2025 here.

Verdict

This claim is therefore, FALSE.