Nigeria's Courts and Sharia Courts

Nigeria's judiciary is more layered than most. This is a factual description of how the courts are arranged, what Sharia courts have jurisdiction over, and where the two tracks meet.

The superior courts

Section 6(5) of the 1999 Constitution lists the superior courts of record:

Supreme Court of Nigeria — the Chief Justice and not more than 21 Justices
Court of Appeal — a President and not fewer than 49 Justices
Federal High Court
National Industrial Court
High Court of the Federal Capital Territory and State High Courts
Sharia Court of Appeal of the FCT and of a State
Customary Court of Appeal of the FCT and of a State

The subordinate courts

Beneath those sit courts created by state law rather than by the Constitution. Nomenclature differs by region:

In the south, magistrates' courts.
In the north, area courts and upper area courts, and district courts for civil matters.
Customary courts and Sharia courts of first instance, where a state has established them.

Appeals run upward from these into the superior courts.

What the Constitution says about Sharia

Three provisions matter.

Section 10 forbids the Federation or any state from adopting a state religion.

Sections 275 to 279 allow — but do not require — a state to establish a Sharia Court of Appeal. Where one exists, its constitutional jurisdiction is appellate and supervisory, in civil proceedings involving questions of Islamic personal law: marriage, dissolution of marriage, family relationships, guardianship of children, and matters of gift, will, succession and waqf. It applies where all the parties are Muslims, or for certain heads where a party requests it.

The Constitution gives Sharia Courts of Appeal no criminal jurisdiction.

The twelve states with Sharia penal codes

Between 1999 and 2001, twelve northern states enacted Sharia penal codes through their own legislatures:

Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe and Zamfara.

Zamfara was first: its Sharia Establishment Law passed on 27 October 1999 and came into force on 27 January 2000. Kaduna and Niger applied theirs only in parts of the state, or with variations.

These are state laws creating state courts. They sit alongside, not above, the general criminal law.

How the two tracks run in parallel

Within those states, state legislation created Sharia courts of first instance — lower and upper Sharia courts, each sitting with a single judge — with criminal jurisdiction over the state's Sharia Penal Code. They operate alongside magistrates' courts and state high courts applying the general Penal Code and federal law.

The Sharia penal codes cover offences unknown to the general code, including hudud offences carrying punishments such as amputation and death by stoning, as well as alcohol, gambling and certain sexual offences.

Three limits are important and frequently misstated:

The codes apply only to Muslims. Non-Muslims in those states are tried under the general criminal law. A non-Muslim may consent to Sharia jurisdiction in a civil matter, but cannot be subjected to the Sharia penal code in a criminal one.
Appeals leave the Sharia track. Appeal lies within 30 days to the State Sharia Court of Appeal, then to the federal Court of Appeal, and then to the Supreme Court. Both tracks therefore terminate in the same secular apex courts.
Death and amputation sentences require the governor's personal authorisation before they can be carried out.

That third point explains a pattern that confuses observers: sentences have been handed down that were never executed, because the authorisation stage was not completed or the sentence was overturned on appeal.

Frequently asked questions

Is Nigeria a secular state? Section 10 prohibits the Federation or any state from adopting a state religion. Nigeria is not constitutionally secular in the French sense; it is constitutionally barred from establishing a religion.

Can a Christian be tried under Sharia law in Kano? Not under the Sharia penal code. Non-Muslims are tried under the general criminal law.

Where does a Sharia case end up on final appeal? The Supreme Court of Nigeria, the same as any other case.

Sources

Superior courts of record — AWJAI
Sections 6, 10, 275–279 — Constitute Project
What the Constitution says about Sharia courts — TheCable
The twelve states and how the codes operate — Human Rights Watch
Application to Muslims only — USCIRF