From Taiye Joseph, Ilorin
A former Grand Khadi of the Kwara State Shari’a Court of Appeal, Justice Solihu Muhammad (rtd.), has urged the Federal Government, to amend the 1999 Constitution, to expand the jurisdiction of Shari’a Courts of Appeal beyond Islamic personal law.
He argued that the current constitutional limitation has denied many Muslims access to justice under Islamic jurisprudence.
Speaking with journalists in Ilorin on Saturday, the retired jurist said the existing constitutional framework confines the courts to appeal involving Islamic personal law such as marriage, divorce, inheritance and guardianship, leaving other civil disputes involving Muslims to be determined by conventional courts.
According to him, Muslims who willingly choose to have their civil disputes resolved under Islamic law should be allowed to do so through the Shari’a Court of Appeal.
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“We are asking the government to amend the Constitution to allow us to hear more civil matters involving Muslims. Our jurisdiction has never been expanded, and that remains our greatest challenge,” Justice Muhammad said.
He maintained that while courts operating under the common law system exercise wider jurisdiction over civil matters, Shari’a Courts of Appeal, despite being courts of record established by the Constitution, remain restricted to a narrow scope of cases.
Justice Muhammad’s appeal comes amid renewed calls by Islamic organisations for constitutional amendments to broaden the powers of Shari’a Courts of Appeal.
He recalled that in 2025, the Supreme Council for Shariah in Nigeria (SCSN) and the Muslim Ummah of South West Nigeria (MUSWEN), urged the National Assembly to amend Sections 262 and 277 of the Constitution by removing the word “personal” from the provisions defining the jurisdiction of the courts. According to the organisations, the present arrangement creates inequality in access to justice and compels Islamic civil disputes to be decided by conventional courts.
He also referenced a Constitution Alteration Bill sponsored by Hon. Abdullahi Salame, which sought to expand the jurisdiction of the Shari’a Court of Appeal. The bill passed second reading in the House of Representatives in 2021 before being referred to the Constitution Review Committee.
The retired Grand Khadi further called on Muslims in the South-West to intensify efforts toward establishing Shari’a Courts of Appeal in states where they are yet to exist, noting that the Nigerian Constitution already provides for their establishment.
“I want to appeal to all Muslims in the South-West to continue the struggle by sponsoring bills before their respective State Houses of Assembly for the establishment of Shari’a Courts of Appeal in their states,” he said.
He observed that the absence of such courts in several South-West states has forced many Muslims to take disputes relating to marriage, divorce and inheritance to customary courts instead of having them resolved in accordance with Islamic law.
Justice Muhammad dismissed concerns over the establishment of Shari’a Courts, insisting they are constitutionally recognised institutions whose powers are exercised strictly within the limits of the law.
Reflecting on his judicial career, the former Grand Khadi said he presided over several landmark cases, including one involving 16 legal practitioners, adding that many of his judgments were upheld by appellate courts.
He attributed his record on the bench to strict compliance with the law and deep religious conviction, explaining that judges of the Shari’a Court of Appeal traditionally observe two raka’ah before writing judgments as a prayer for divine guidance in the administration of justice.
Justice Muhammad also paid glowing tribute to the late Chief Imam of Ilorin, Sheikh Muhammad Soliu, OON, describing him as a trusted confidant, respected Islamic scholar and visionary leader.
He revealed that the late cleric acquired land at Oko in Irepodun Local Government Area of Kwara State, for the establishment of an Islamic school before his death, but lamented that the project is yet to commence.
The retired jurist appealed to the new Chief Imam of Ilorin and Chairman of the Kwara State Council of Ulamas, Sheikh Muhammad Dasuki, to preserve his predecessor’s legacy by fostering unity among Islamic scholars and promoting Islamic education across the state.
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Shari’a Court Jurisdiction Should Cover More Civil Matters, Says Ex-Kwara Grand Khadi
