Constitutionalism and the Shariah in Nigeria: Reflecting on Constitutionality of Shariah Code in Nigeria

This work is about the constitutionality of Shariah Criminal Code in Nigeria. The Shariah criminal justice system was in the country right from about the sixth century and was fully established with the establisment of the Sokoto Caliphate by Shehu Uthman Donfodiyo consequent upon the jihad of 1803-1807. The advent of colonialism in the country brought about the ceasation of the system especially in the northern part where Shariah criminal justice system was in ooperation. However, a hybrid criminal code was introduced in the northern part at the eve of the country's independence. This remained in operation until when some states in the northern part of the country in 2000 re-introduced the Shariah Criminal Code as the applicable criminal law in their respective states. This generated a lot of controversy. Thus, this work addresses the issue of constitutionality of the system.