A few things caused the ongoing brouhaha over the Independent Shari’ah Arbitration Panel in Ekiti State.

One, the phobia for the word ‘Shari’ah’ which has continually sent jitters to the marrow of non-Muslims as a word that connotes negativity. This ignorance and lack of knowledge on the part of non-Muslims fuelled the campaign against this alternative adjudication panel.

We need to let members of the public know that it’s like; the Ijoko Ojogbon (a popular adjudication panel on Ondo Radio in the 80s and 90s), Kokoro Alate in Ibadan, Berekete FM in Abuja and other such panels in various communities and palaces under the umbrella of chiefs, traditional rulers and LCDAs.

Two, the failure of the Ekiti Muslims, especially the elite to sensitise the Ekiti people on adequate knowledge about the modus operandi of such a panel made the Ekiti version a stillborn from the beginning. We fail to let our people know that Shari’ah Court is different from the Shari’ah Panel. A Shari’ah Panel is just a traditional in-house sitting through which Muslims settle their peculiar civil issues.

Finally and perhaps the final straw that broke the camel’s back was the overzealousness of those who rushed to the social media to celebrate something that was still in the incubator. In the first place, I don’t even see a reason why the deliberation of the panel should become an issue for public consumption, except for showoff and  unnecessary razzmatazz.

A Shari’ah Panel is just a panel that is meant to address and sit on civil matters concerning Muslims. Such issues include; burial, inheritance and marriage disputes. However, the decision of the panel is not binding on parties if they choose to approach a normal court.

Legally speaking, Ekiti Muslims have a right to establish a panel. It’s not a court that requires legislative backing because decisions taken at such panels may, and may not be accepted by the parties involved. Section 10 of the  Constitution of the Federal Republic of Nigeria expressly states that there shall not be any state religion. This means that the government of the federation or any state cannot favour or adopt a specific religion.

Also, under the rules of all court, it is now a condition precedent for disputing parties to have explored all possible Alternative Dispute Resolution (ADR) mechanisms to resolve the dispute between them before bringing it before any competent court of jurisdiction. The Sharia’h panel is a pursuit of the ADR condition precedent.

Ekiti Shari’ah Panel is nothing but a mere sitting of scholars like the sittings in Ewi Palace or Omuo palace to settle disputes among members of their communities. To this end, it will be a shared hypocrisy and political chicanery for any individual or political adventurist to come around and call for its ban.

Ekiti State Attorney General and our respected Kabiyesi know the truth and the position of the law, yet they played to the gallery in order to pacify those who were calling for the ban of the panel out of ignorance. In a secular state like Nigeria, different religions thrive without disturbing the other. It’s this power given to all that allows some states to allow Isese Day and other traditional religious events.

What is more? Even in the Northern States, where Shari’ah is practically full-fledged, it’s optional as Muslims are not forced to be tried under Shari’ah Law. In other words, it’s not all cases that go to Sharia courts.

The type of Shari’ah panel being put in place in Ekiti, doesn’t in any way, subject non-Muslims to any kind of disability or oppression. What is currently going on in Ado Ekiti is nothing but fear of the unknown. Those who are against this adjudication panel should simply come forward with facts and state their reasons.

I agree with our respected AG that there is an existing legal structure in Ekiti State (i.e. Customary Court, Customary Court of Appeal and High Court) that has been handling issues relating to marriages and inheritance, but he will also agree with me that the workload on these courts doesn’t allow a speedy process.

In fact, some people do abandon their matters as a result of bureaucratic measures in the courts. Besides, there are thousands of people out there who cannot even push for legal representation because of money. Under a panel like the one under review, such people can easily be accommodated. In a way, it lessens the burden on courts.

Who again will talk and be heard?

 

Akin-Abiola sent this piece from Igbemo Ekiti, Ekiti State