Revisiting the causes of delay in the adjudication of Islamic personal law cases in Nigerian jurisprudence

Abstract

The Nigerian legal system consists of English-style courts, Islamic courts and customary courts. The Islamic courts do not have exclusive jurisdiction in Islamic law matters as the jurisdiction of the English-style courts also extend to Islamic law matters. Before 1979, the Sharia Court of Appeal of the defunct northern Nigeria was the highest appellate court for Islamic law cases in northern Nigeria. The defunct 1979 Constitution created appeal from the Supreme Court of Appeal of the States to the Court of Appeal and finally to the Supreme Court, and allowed lawyers into Islamic courts. While English-style courts are generally notorious for delay in the disposal of cases, Islamic courts are known for speedy dispensation of justice. The developments introduced by the 1979 Constitution into the administration of Islamic law in the country have brought many factors that are now occasioning delays, and often, inordinate delays, into the final disposal of Islamic cases in northern Nigeria. The paper, using the case study method
identifies the causes of delay in the adjudication of Islamic personal law cases in both Islamic and English-style courts in Nigeria with particular reference to northern Nigeria. The paper suggests ways of overcoming the challenges responsible for these delays.

Keywords: Courts, Delay, Adjudication, Cases, Pluralism, Nigeria