Former Grand Khadi of the Kwara State Shari’a Court of Appeal, Hon. Justice Solihu Olohuntoyin Muhammad (rtd.), has called on the Federal Government to amend the 1999 Constitution to expand the jurisdiction of Shari’a Courts of Appeal beyond Islamic personal law matters, saying the existing constitutional limitation has denied many Muslim litigants access to justice under Islamic jurisprudence.
Justice Muhammad made the call during an interview with newsmen on Saturday in Ilorin, the Kwara State capital.
The retired jurist explained that Shari’a Courts of Appeal are presently restricted to hearing appeals on matters relating to Islamic personal law, including marriage, divorce, inheritance and guardianship, leaving them without jurisdiction over other civil disputes involving Muslims.
He argued that the courts should be constitutionally empowered to adjudicate broader Islamic civil matters where the parties voluntarily submit to their jurisdiction.
“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,” he said.
Justice Muhammad noted that while courts operating under the common law system exercise broad jurisdiction over civil disputes, Shari’a Courts of Appeal remain constitutionally limited despite being courts of record established by the Constitution.
His call comes amid renewed advocacy by Islamic organisations for constitutional amendments to broaden the jurisdiction of Shari’a Courts of Appeal.
In 2025, both 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 1999 Constitution by deleting the word “personal” from the provisions defining the jurisdiction of Shari’a Courts of Appeal. According to the groups, the current restriction creates inequality in access to justice and compels Islamic civil disputes to be determined by conventional courts.
Similarly, a Constitution Alteration Bill sponsored by Hon. Abdullahi Balarabe Salame, seeking to expand the jurisdiction of the Shari’a Court of Appeal, passed second reading in the House of Representatives in 2021 before being referred to the Constitution Review Committee for further legislative action.
The former Grand Khadi also urged Muslims in the South-West to remain steadfast in pursuing the establishment of Shari’a Courts of Appeal in states where they are yet to be established, stressing that the Nigerian Constitution already provides for their creation.
“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.
According to him, the absence of the courts in many South-West states has compelled Muslims to rely on customary courts to resolve disputes relating to marriage, divorce and inheritance instead of having such matters determined under Islamic law.
Justice Muhammad dismissed fears surrounding the establishment of Shari’a Courts, insisting that they are constitutionally recognised courts whose jurisdiction is exercised strictly in accordance with the law.
Reflecting on his years on the bench, the retired jurist recalled handling several landmark cases, including one involving 16 legal practitioners, noting that many of his judgments were upheld on appeal.
He attributed his judicial record to strict adherence to the law and the fear of Allah. He disclosed that judges of the Shari’a Court of Appeal traditionally observe two raka’ah prayers before writing judgments, seeking divine guidance because of the enormous responsibility associated with dispensing justice.
Justice Muhammad also paid tribute to the late Chief Imam of Ilorin, Sheikh (Dr.) Muhammad Bashir Soliu, OON, describing him as a close confidant, an accomplished Islamic scholar and a visionary leader.
He revealed that before his demise, the late Chief Imam acquired land at Oko in Irepodun Local Government Area of Kwara State for the establishment of an Islamic school, but the project has yet to commence.
The retired Grand Khadi urged the new Chief Imam of Ilorin, Sheikh Muhammad Bashir Dasuki, who also serves as Chairman of the Kwara State Council of Ulamas, to sustain the late cleric’s legacy by promoting unity among Islamic scholars and advancing Islamic education across the state.
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