Constitution Amendment Should Expand Jurisdiction of Sharia Court - Grand Khadi
It is customary that courts begin each year with a ceremony to reflect on the past, assess the present and brace up for the future. In this Legal Year ceremony of the Kwara State Sharia Court of Appeal, Ilorin, the Grand Khadi, Hon. Justice Idris Abdullahi Haroon, FHNR spoke on Constitution amendment and other issues of significance in the area of administration of justice.
The Grand Khadi said that the Kwara State Sharia Court of Appeal has performed creditably well since his appointment as the Grand Khadi both in its official matters and extra-judicial services.
According to him, a new Khadi was recently appointed making the number of Khadis to be seven. He added that during the period of 2011/2012 the State Judicial Service Commission promoted staff of various cadres of the Court and new others were appointed.
"Staff welfare was catered for, loans were granted to some categories of staff by the government while funds were provided for judges to attend various conferences both within and outside the country. The staff were also assisted to improve on their professional skills through various workshops, seminars and study leave facilities", The Grand Khadi said.
Speaking on the activities of the court, Justice Haroon said that there were improvements in the number of appeals coming into the court and in the areas of revenue generation for the state.
"During the year 2012, the total number of cases brought forward from the preceding year, 2011 were 23, while 41 new ones were filed in the year. This brought the total number of appeals and motions before our court to 64 out of which 41 cases were disposed of in 2012 while 23 others were brought forward to the current year", the Grand Khadi stated.
Speaking further on the activities of the court, Justice Haroon said that, "efforts are continuously being made to preserve the legacy left behind by our predecessors in all aspects and we did not stop where they left us. In the recent times and with the minimum financial resources, we are able to bring our library to an enviable standard. It is now computerized and consists of well close to 5,000 books and journals on various fields of human endeavours for jurists, students, researchers and the public.
"Today, we are happy to inform you that the Kwara State Sharia Court of Appeal is now live on the worldwide web and could be contacted on the domain www.kwarashariacourt.gov.ng.With this development, we can boast of showcasing the judicial and juristic functions of the court to the world; having exposure to sister and higher courts, exchanging ideas, sharing views, impacting on them and getting influenced where necessary.
"Efforts are at the top gear to start the production of the Arabic version of our judgments. This we hope to present very soon and it will be the first of its kind in Nigeria as it is now the situation with our Annual Report which remains the only annual report in the whole of Sharia Courts of Appeal in Nigeria.
"These landmark achievements were only possible through the assistance and cooperation of the dynamic, amiable and visionary administration of the Executive Governor of Kwara State, Alhaji AbdulFatah Ahmed akin to his predecessor in whose tenure the renovation of this court which was later accomplished by this government commenced.
Speaking on some issues of significance in the area of administration of justice, Justice Haroon noted that there is a serious need to separate the Area Courts by classifying them into two categories on the basis of the applicable laws, saying "this, if it is done, will give room for growth and development of law on one hand and enhance the quality of judgments of the affected courts on the other hand as they will be supervised by the experts in their respective area of laws."
According to him, "in this circumstance, those Area Courts operating Sharia should be responsible to the Grand Khadi of the state while others operating other laws be accountable to the Chief Judge of the State. This idea is now operative in the Federal Capital Territory Judiciary as recently approved by the National Assembly as well as in Niger, Sokoto and Kano States among others as approved by their respective Houses of Assembly.
"This is long overdue in our state but in-sha' Allah now is the time. It is a provision entrenched in the constitution."
Justice Haroon said, another issues of significance in the area of administration of justice was the knowledge of Arabic language by the would-be judges of Islamic law either at lower or higher bench is now mandatory. He stressed that it was the decision of National Judicial Council.
Speaking on the ongoing review of the Constitution of the Federal Republicof Nigeria, the Grand Khadi said that it is a welcome idea. "We want the appropriate bodies to look into the restriction in the jurisdiction of the Sharia Court of Appeal as in the provisions of Section 262 (3), (a), (b), (c), (d) andSection 277(2), (a), (b), (c), (d); and as well to remove the word ‘'personal'' from those sections. This, if it is done will expand the scope of our jurisdiction for the furtherance of administration of justice.
In the same vein, it is disheartening to note that the Judiciary, particularly at the state level is denied control over its capital vote. This must be corrected to guarantee the financial autonomy of the Judiciary as provided for in Section 162(9) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He appreciated the effort of the state government: "let me use this medium to register our profound gratitude and sincere appreciation to the State government under the amiable leadership of His Excellency, Alhaji AbdulFatah Ahmed for providing enabling environment for the State Judiciary to thrive.
In the same vein, "I appreciate the cooperation and rapport that exists between our Court and the State High Court of Justice as well as all the Courts of superior records both within and outside the State.
"The dynamic administrations of the National Judicial Council, National Judicial Institute and other related bodies. We particularly acknowledge the good relationship between us and the Bar; particularly those legal practitioners appearing before us. We are proud of your dexterity and industry in the temple of justice. We urge you not to relent in the quest for knowledge through continuous learning and research due to the complexity of Islamic Law," he added.
He however appreciated the loyalty, dedication, hard work and humility of his colleagues. "I must say that I am highly indebted to the entire staff of Sharia Court of Appeal for their undaunted efforts to move this institution forward. May Allah reward you all abundantly.
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