Abstract

The Nigerian Democratic Constitution of 1999 is an example of a singular legal oxymoron: it accepts the separatist principle, but broadly disciplines and acknowledges the sectarian jurisdiction of Islamic courts, alongside common and customary law. This com- promise is the result of the colonial heritage that has opted for the principle of quieta non movere. The Nigerian constituent Legislator, however, from independence until today, has not assumed the uncomfortable but necessary clothes of the reformer.
The result is a particularly prejudicial structure for the guarantees of religious freedom and equality between confessional groups, but also for nation unity. This is the robust denunciation, clearly expressed in the Memorandum signed by the Nigerian bishops in 2021, who ask for all references to Islam to be removed from the constitutional text.