Yunana Shibkau & Ors. V. Attorney General Of Zamfara State & Anor. (2010)

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MASSOUD ABDULRAHMAN OREDOLA, J.C.A.

This appeal is against the ruling of Kulu Aliyu J., (as she then was) of the Zamfara State High Court, Gusau, delivered on 1st February, 2001. In the said ruling, the learned trial judge struck out the suits instituted by the Appellants on the grounds inter alia, that the Appellants do not have locus standi to institute the suits.

On 21st March, 2000, the 1st, 2nd and 3rd Appellants as Plaintiffs, separately filed the instant suits by way of originating summons. They are Suits Nos. ZMS/GS/22/2000, ZMS/GS/23/2000 and ZMS/GS/24/2000. Each

of the Appellants’ originating summons was supported by a 22 paragraph, 20 paragraph and 26 paragraph affidavit – all respectively dated and sworn on 21st March, 2000. Each of the Appellants similarly and on the same date filed a separate motion on notice numbered ZMS/GS/M.44/2000, ZMS/GS/M.45/2000 and ZMS/GS/M.46/2000 respectively wherein they sought that certain questions be referred to the Court of Appeal. (Pages 1 – 73 of the record of appeal).

In the said originating summonses, the Appellants respectively prayed for the following declaratory reliefs :-

“A. A DECLARATION that the enactment, implementation and application of the Shari’ah Courts (Administration of Justice and Certain Consequential Changes) Law 1999 and the Shari’ah Penal Code Law 2000 of Zamfara State in all their ramifications would pose a grave danger to the continuance of a federal government in Nigeria within the meaning and in gross violation of section 5(3) (c) of the Constitution of the Federal Republic of Nigeria 1999.

B. A DECLARATION that in light of section 10 of the Constitution of the Federal Republic of Nigeria 1999 and the secular status of the Nigerian nation and state, no legislative house in Nigeria (whether Federal or State), and no State in Nigeria, and indeed no authority or person within the Federal Republic of Nigeria (whether Federal or State) has any competence, jurisdiction, power, authority, right, privilege, liberty, freedom, sovereignty, dominion, justification or excuse to adopt or purport to adopt any religion as official or state religion, or by its legislative, administrative or other policies favour or prefer (or purport to favour or prefer) any religion to the prejudice of others.

C. DECLARATION that the enactment, implementation and application of the Shari’ah Court (Administration of Justice and Certain Consequential Changes) Law 1999 and the Shari’ah Penal Code law 2000 of Zamfara State in all their ramifications amount in law to the adoption of a state religion contrary to section 10 of the Constitution of the Federal Republic of Nigeria 1999.

D. A DECLARATION that the enactment, implementation and application of the Shari’ah Court (Administration of Justice and Certain Consequential Changes) Law 1999 and the Shari’ah Penal Code Law 2000 of Zamfara State in all their ramifications constitute a wholesale contravention and abjuration of section 10 of the Constitution of the Federal Republic of Nigeria 1999 prohibiting state religion.

E. A DECLARATION that the enactment, implementation and application of the Shari’ah Courts (Administration of Justice and Certain Consequential Changes) Law 1999 and the Shari’ah Penal Code Law 2000 of Zamfara State in all their ramifications as the principal and overriding social policy of Zamfara State constitute a wholesale transgression and negation of section 42(1) of the Constitution of the Federal Republic of Nigeria 1999 prohibiting discrimination on, inter alia, religious grounds.

F. A DECLARATION that the enactment, implementation and application of the penal provisions of the Shari’ah Court (Administration of Justice and Certain Consequential Changes) Law 1999 and the Shari’ah Penal Code Law 2000 of Zamfara State (including but not limited to sections (or parts of sections) 45, 93(1)(f), 93(1)(g), 95, 101, 127, 129, 131, 133, 135, 137, 138, 140, 143, 145, 149, to 151, 153(b) and (d), 154, 157 to 160, 162, 163, 170, 171, 175, 176, 178, 185 to 193, 195 to 198, 219, 220 226, 227, 234, 235, 305 to 323, 326 to 328, 334 to 342, 345 to 350, 352 to 361, 363 to 367, 369 to 372, 375 to 377, 380 to 382, 384 to 385, 387, 391 to 392, 394 to 395, 404, 406 to 409) in all their ramifications are in many material particulars inconsistent with section 34(1) (a) of the Constitution of the Federal Republic of Nigeria 1999 protecting the right to personal dignity and prohibiting torture, inhuman and degrading treatment and punishment, and therefore to that extent null and void by reason of section 1(1) and (3) of the Constitution of the Federal Republic of Nigeria 1999.

G.A DECLARATION that the enactment, implementation and application of the penal provisions of the Shariah Penal Code Law 2000 of Zamfara State (including but not limited to sections (or parts of sections) 45, 93(1) (f), 93(1) (g), 95, 101, 127, 129, 131, 133, 135, 137, 138, 140, 143, 145, 149 to 151, 154(b) and (d), 154, 157 to 160, 162, 163, 170, 171, 175,176, 178, 185 to 193, 195 to 198, 219, 220, 226, 227, 234, 235, 305 to 323, 326 to 328, 334 to 342, 345 to 350, 352 to 361, 363 to 367, 369 to 372, 375 to 377, 380 to 382, 394 to 385, 387, 391 to 392, 394 to 395, 404, 406 to 409) in all their ramifications are tantamount to a wholesale infringement and negation of section 34(1 (a) of the Constitution of the Federal Republic of Nigeria 1999 securing the right to personal dignity and prohibiting torture, inhuman and degrading treatment and punishment.

H. A DECLARATION that the enactment, implementation and application of the penal provisions of the Shariah Penal Code Law 2000 of the Zamfara State (including but not limited to sections (or parts of sections) 45, 93(1) (f), 93(1) (g), 95, 101, 127, 129, 131, 133, 135, 137, 138, 140, 143, 145, 149 to 151, 153(b) and (d), 154, 157 to 160, 162, 163, 170, 171 175, 176, 178, 185 to 193, 195 to 198, 219, 220, 226, 227, 234, 235, 305 to 323, 326 to 328, 334 to 342, 345 to 350, 352 to 361, 363 to 367, 369 to 372, 375 to 377, 380 to 382, 384 to 385, 387, 391 to 392, 394 to 395, 404, 406 to 409) in all their ramifications are a wholesale infraction and repudiation of article 5 of the African Charter on Human and Peoples’ Rights guaranteeing the right to personal dignity and prohibiting torture, cruel, inhuman and degrading treatment and punishment.

I. A DECLARATION that the enactment, implementation and application of certain of the moral provisions of the Shariah Penal Code Law 2000 of Zamfara State (including but not limited to section 126 to 138, 149 to 151) in ail their ramifications are in many material particulars inconsistent with the constitutional guarantee of freedom of conscience as canonised under section 38(1) of the Constitution of the Federal Republic of Nigeria 1999, and therefore to that extent null and void by reason of section 1(1) and (3) of the Constitution of the Federal Republic of