The Constituent Assembly
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APPENDIX 1: THE CONSTITUENT ASSEMBLY A CASE FOR A CANON LAW COURTS SYSTEM IN NIGERIA by Mr. I.S. Usman, M.C.A., Gongola State1 Dear Comrades: I do believe earnestly that every true Nigerian Christian and even the liberal Moslems in this country will support the idea that a Nigerian Canon Law Courts system should be enshrined in the new Nigerian Constitution for the spiritual and moral interest and justice for the teeming population of the Nigerian Christians (in correspondence to the Sharia Courts of Appeal for the Moslems). In this connection, I would have wished to move a motion in the following manner: that in view of the fact that Nigeria operates a complex legal and judicial system comprising: 1) The English Common Law, the doctrines of equity and various statutory enactments; 2) The various Customary Laws of different tribes in the country, and 3) The Islamic law as applied to Moslems. Now, therefore, as a matter of great national urgency and importance: This Constituent Assembly approve the setting up of a “special committee” of Christian jurists and experts among the members of the Assembly to investigate and recommend the establishment of a Nigerian Canon Law Courts system for inclusion in the new Nigerian Constitution: That the recommendations should include such aspects of the Canon Law to be administered by the canon judges in Nigerian canon courts; the types of hierarchy of canon courts and their respective jurisdictions. And also proposals for the necessary procedures for the establishment of a system of training for canon lawyers in the Faculties of Law in Nigerian universities. Now, this above motion seems self-explanatory, clear and non- controversial. But the following comments may serve still as further illustrations and elucidations: 2. The Two Major Religions in Nigeria: 1 Somewhere along the circuitous route this document had to endure, various spelling and grammatical errors crept in. Though I have corrected a few of the most offensive ones, I have hesitated to do much editing, since this version is the official one presented to the Constituent Assembly. It is a very well known fact that most of Nigerians have already abandoned their traditional worship of numerous idols, secret cults and their attendant daily rites or rituals. Many of us have accepted to worship instead, The Only One God Almighty, The Creator of all things through the medium of either Islam or Christianity. Evidently, these two different faiths are the only major distinctive religions in the country to which the majority of Nigerians from almost every tribe now profess and practise as their religions and their ways of life. 3. Principles of Religious Beliefs and Practices It is also common knowledge that among the essential factors which facilitate the moulding of excellent characters in any society or nation are the influences of religious beliefs and practices. Therefore the principles of these religious tenets or doctrines are the embodiment of a set of laws to guide and direct the lives of their adherents from generation to generation. Therefore in the Christian world, these guiding principles are based on the “Law of the Lord” as contained in the Holy Bible which Law is known as the Canon Law. 4. Courts as Instruments of Justice in Religion and Government It is in the consideration of this fact and the acceptance of the principle of fair play and equity that we all (the Northerners) have accepted, as a forerunner, the establishment in the Northern States of Moslem Sharia Courts system which caters for the religious interests of the Northern Moslems who profess the Islamic faith. Therefore, the Sharia Courts system should be allowed to continue as part of our constitution together with the other systems of the customary laws and the English common and statutory laws which have hitherto been in operation. This complex judicial and legal system of ours has already won worldwide commendation. 5. Similar Committees or Commissions Were Earlier Appointed What this motion is actually requesting is nothing new in practice but a sort of special committee similar to many previous committees and commissions set up which did marvelous jobs in the arduous task of our constitutional development in this country. One of those bodies was the distinguished panel of jurists set up in 1958, headed by its chairman, Sayyed Muhammed Abu Rannat, Justice of the Sudan; and other members including Mr. Justice Muhammed Sharif, a retired Judge of the Supreme Court of Pakistan; Professor J.N.D. Anderson of Oriental Laws of the University of London; the Waziri of Borno, Shettima Kashim; Mr. Peter Achimugu and M. Musa Othman, the Chief Alkali of Bida. It was this panel which recommended the establishment of the Northern Nigerian Penal Code. Their recommendations were scrutinized in 1959 by another committee of Moslem jurists, presided over by Mallam Junaidu, the Waziri of Sokoto. This is the Penal Code Law that now operates in the Northern States of Nigeria since 1960. 6. Need for Christian Canon Law Courts i) Therefore, as a corollary of the foregoing statement, one can conclude that the time is more than ripe or even overdue for the large population of the Christians in the country also to have a separate court system based on the principles of the Canon Law whose ramifications are already observed and practised in isolation by various Christian denominations and local churches in the country. The example of these are the marriage law of marrying only one wife to a husband which has been universally accepted in the whole Christendom. But incidentally or unfortunately enough, because there are no ecclesiastical courts or rather canon courts established to deal properly with this matter, there have been many instances in this country of Christian marriages divorced by non- Christian judges to the utter disappointment of many Christian believers. It is even more shameful that matrimonial wedlock performed by the clergymen are not legal until they are approved by the secular courts. ii) Therefore, it is now obvious that nothing short of establishing a Canon Law Courts system in Nigeria would satisfy the spiritual and moral aspirations of the teeming population of Christians in the country. The lives of these millions of Christians must hang upon the doctrines of Christianity. And as such, all true Christians would very much cherish to develop their well-being much more under the direction of the Canon Laws which have been commanded by God the Creator and Father, by the Lord Jesus Christ, and by the Holy Spirit who inspired the apostles, the saints and other leaders of the church even through ecumenical synods. iii) This Honourable Constituent Assembly can therefore do this country a world of memorable good, if it caused a special committee of Christian jurists among the members of the Assembly, to investigate through consultations with some clergymen and legal experts and to recommend any appropriate system of Canon Law courts to be enshrined or included in the new Nigerian Constitution. 7. The Scope of the Canon Law i) It is obvious that the scope of the Canon Law, taking it from the very beginning, can be very extensively wide and voluminous. But for any specific periods and circumstances there are always available provisions. In other words, Nigeria can draw down from the enormous volume of the Canon Law, those parts necessary for our requirements to benefit; especially on civil matters of “personal law” relating to marriages, divorces, inheritance and the like. Nevertheless, the Canon Law as we all know, was commanded by God Almighty through His Prophet Moses for the administration of justice among His Chosen People, the Israelites, and then later, the Christians by His grace. ii) The Canon Law was given in the form of statutes, ordinances, rules and regulations of personal conduct in order to prepare God’s people to attain high moral and spiritual rectitude and excellence. These laws or commandments are easily traceable from the Holy Bible. (For ease of reference, the following are some of the specific books and chapters concerned): a) First, the Book of Exodus, Chapters 20-23. The injunction under Chapters 20 and 21 covers the Ten Commandments, laws for men servants and women servants, laws for manslaughter, for stealers of men or kidnappers, for cursers of parents, for smiters, for a hurt by chance, for an ox that gores, etc. Under Chapter 22 we have the laws of theft, of damages, of trespasses, of borrowing, of fornication, of witchcraft, of beastiality, of idolatry, of strangers, widows and fatherless, of usury, of pledges. Under Chapter 23 we have laws of slander and false witness, of justice, of charitableness, etc. b) The second reference should be made to the third book of Moses called Leviticus. In Chapters 11-14 the law covers the following matters of life, namely, the dietary laws and the laws of purification, etc. c) Thirdly is the reference to the fourth book of Moses called Numbers. In Chapters 26-36 further laws were given concerning the inheritance of land, national census, the other inheritances, the law of murder, etc. d) Fourthly is the reference to the fifth book of Moses called Deuteronomy. In Chapters 5-26 further restatement, exposition and expansion of the law are given. e) Fifthly is the Lord Jesus Christ’s confirmation of the importance and authority of the law which He mentions in the Gospel according to St. Matthew, Chapter 5, verse 17 where He said “Think not that I am come to destroy the law or the prophets; I am not come to destroy, but to fulfill.” Jesus Christ also on many occasions expatiated upon the Law as shown in the Gospel of Matthew 22:37-40.