SECTION 10 OF THE 1999 CONSTITUTION OF NIGERIA: A TOOTHLESS BULLDOG?
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Abstract
SECTION 10 OF THE 1999 CONSTITUTION OF NIGERIA:
A TOOTHLESS BULLDOG?
One significant development that characterised the return to democratic rule in Nigeria in the year, 1999, was the sudden introduction of the Sharia Penal System or Penal Code by some northern states in Nigeria beginning with Zamfara State. This development brought about a lot of issues both political and constitutional heating up the body polity of Nigeria. There have been arguments that Section 4(5)(k) justifies the introduction of Sharia Criminal Law since the power to create more courts and make laws in respect of matters listed on the concurrent legislative list is given to the various States Houses of Assembly by the said section, while others argue that by the clear provision of Section 10 of the Nigerian Constitution of 1999 (as amended) which prohibits adoption of a religion as state religion, the introduction of sharia penal law would be unconstitutional. This article concludes that the adoption or implementation of the Sharia Penal Code in the face of the clear provision of section 10 of the 1999 constitution gives an impression that the said section 10 is not potent enough as it looks only as a declaratory provision without any legal venom to forestall or deter the government of any state from adopting a religion as state religion. However, it is also pertinent to have a community reading of the whole provisions of the constitution taking into cognisance section 1(1) & (3). This section declares the supremacy of the constitution over any other law which obviously mean that any law which is inconsistent with any provision of the constitution must be void to the extent of its inconsistency.
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