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Nairaland Forum / Nairaland / General / Politics / Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court (14609 Views)
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Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 8:40pm On Mar 08, 2016 |
[size=14pt]History[/size] In 1999, Twelve Nigeria's states that have Sunni Islam as the dominant religion chose to have Sharia courts as well as Customary courts.[2] The following states that have instituted Sharia are: Zamfara State (January 27, 2000), Kano State (June 21, 2000), Sokoto State, Katsina State, Bauchi State (June 2001), Borno State, Jigawa State, Kebbi State, Yobe State, Kaduna State, Niger State (May 4, 2000), and Gombe State. [size=14pt] Jurisdictional errors[/size] The institution of Sharia as a main body of civil and criminal law violates the Constitution of Nigeria. The Sharia Court of Appeals recognized as a federal court of appeals (the Unified Courts System), is the most controversial of the judicial system. The Sharia Court of Appeals reviews cases involving Sharia law, particularly in the North and Northeast regions of the country. However, this has caused controversy because while the Sharia Court of Appeals interprets and reviews cases relating to Islamic law, they must also interpret the common and customary laws of the other regions of Nigeria. In doing so, the Sharia Court exceeds its jurisdiction under the constitutional law which give federal and state governments various powers. It undermines the principles of separation of powers and the two level federal system of government in which an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. The Sharia Court going outside state powers and local confines is striking down federal law, on the grounds that it exceeded the Constitutional authority of National Assembly. [size=14pt]Cases and Controversy[/size] Ese Oruru v Sharia Hisbah Commission Ese Oruru was taken away by one Yunusa Dahiru from her home in Yenagoa, Bayelsa State to Kano in August 2015 while she was still 13 years old and without the knowledge of her parents. While in Kano she was forced into marriage, converted to Islam and her name changed to Aisha.For months, efforts by the young girl’s parents to get their child back from Yunusa and the Kanohe District head of Kura, Sharia Hisbah Commission proved abortive, no action was taken until media attention was drawn to it. Ese held at the Palace of the Emir of Kano was discovered to be 5 months Pregnant after eight months captitity. Rita Chinedu Ukeje V Sharia Madam Jessy Ukeje, a 77-year-old grandmother from Eluoma Uzuakoli in Bende Local government area of Abia State, is in pains her granddaughter was given out in marriage by a top official of Zaria City Local Government area, without the consent of her family.Rita, an SS 3 student of Top Spring Secondary School, Zaria, Kaduna State, was abducted by a commercial bus driver, called Usman, who held her captive in his home, denying her the chance of sitting for the Senior School Certificate Examination (SSCE) she had enrolled for.http://www.sunnewsonline.ng/another-15-year-old-girl-rita-chinedu-ukeje-abducted-given-out-in-marriage-by-islamists/ Ifeoma Nichodemus v he Sharia Court Kaduna IFEOMA, now Aisha, is the daughter of Mr. Ndubuisi Nichodemus. She was living with her parents, in the midst of the Hausa community in Zaria, Kaduna State, until May, 2014. On that fateful evening, Ifeoma had left the house in protest against the authority of her mother to question her for returning late to the house on the day. She simply walked out of her parents’ compound into a neighbour’s house, and since 21 months ago to be precise, the family is yet to set their eyes on her. Ifeoma, now 16, have been converted to Islam and married off. The Sharia Court handling the matter keeps adjourning the case and as a result, we are still where we were last year”http://www.sunnewsonline.ng/father-of-igbo-girl-abducted-in-zaria-cries-out-says-i-want-my-daughter-back/ Charity v Sharia Court Minna MINNA—MISS Charity (Aisha) Uzoechina, the lady that was allegedly forced to convert to Islam and kept in the palace of Etsu Nupe, Alhaji Yahaya Abubakar, for the past four months, will remain with the monarch until September 17. Charity cannot be released by the Emir to either the parents or anybody until the case instituted by Charity is vacated by the Sharia court in Bida, Niger State. The Sharia court kept adjourning the case the lawyer who handles her controversial case in Sharia court makes arrangement to marry her without the consent of her parents, but the Niger state Government called it off.http://www.vanguardngr.com/2013/08/charity-uzoechina-to-remain-with-etsu-nupe-till-sept-17/ Blasphemy and apostasy A Sharia court may treat blasphemy as deserving of several punishments up to, and including, execution. In many predominantly Muslim states, conversion from Islam to another religion is illegal and often a capital offence. In 2014 a Nigerian man, Mubarak Bala was forcibly committed to a psychiatric institution in Kano for eighteen days, where he was forcibly drugged after stating that he was an atheist. The International Humanist and Ethical Union took up the case, stating that Bala's human rights were violated. Riots There have been numerous riots over the implementation of sharia law, primarily involving non-Muslim minorities in the states which implemented the system. One such riot killed over 100 people in October 2001 in Kano State. Executions In 2002, the first execution of a man under Sharia took place in Katsina State; Human Rights Watch condemned the execution. [size=14pt]The Supreme Court Solution via Judicial Review [/size] The Supreme Court uphold and declared Sharia Court to be ultra vires in a narrow or broad sense. Narrow ultra vires applies if an administrator did not have the substantive power to make a decision or it was wrought with procedural defects. Broad ultra vires applies if there is an abuse of power (e.g.,unreasonableness or bad faith) or a failure to exercise an administrative discretion (e.g., acting at the behest of another or unlawfully applying a sectional policy) or application of discretionary powers in irrational and wrong way.[5] Either doctrine may entitle a claimant to various prerogative writs, equitable remedies or statutory orders if they are satisfied. Kidnap is a very serious offence and when it is done for sexual gratification, it is a heinous crime. The Sharia court is a form of customary court to the North. In that sense, it has no jurisdiction to hear cases of people not part of that culture. It is like a Igbo customary court hearing the case of a Yoruba, claiming they have converted to Igbo. Custom refers to origin and ancestral linage, if a person does not have their roots in islam then Sharia court has no grounds to hold or hear the case. The Sharia system was introduced for people who customarily have followed the religion of islam. It is illegal and unconstitutional to steal peoples child and claim forced conversion to islam, as a bases to Ra.pe and forced marriage/ conversion to islam, without any form of consent. Whilst handing out death sentence to Muslim that desire to convert to Christianity freely without abduction or coercion. Why drag us Christian southerners into uncivilised and criminal customs? Why are u stealing our children and raping them? Is sharing a country a crime? Can u not face and marry your muslim children? 8 Likes 2 Shares
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Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 8:47pm On Mar 08, 2016 |
Seun and lalasticlala,this is a very serious issue and we must not rest until it is properly addressed to safeguard the rights of the girl child. Crime cannot be accepted as religion. Our silence is consent and suffering for little 5 to 15 year old children. We have been silence for too long and that is why they went to School to abduct the girl child in Chibok, which drew the world attention. Rape of a child is the worst crime in the human race. The children are our future. 2 Likes 1 Share
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Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by bodeloja: 9:16pm On Mar 08, 2016 |
sh.it hit the fan |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by drss(m): 9:38pm On Mar 08, 2016 |
dis kind thread no dey make fp 1 Like |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by FemiFimile: 10:29pm On Mar 08, 2016 |
wat a country, too bad! 1 Like |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 10:59pm On Mar 08, 2016 |
drss: U dont know anything. U give up even before a fight. Dont make me call u name. 2 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by Vado(m): 11:26pm On Mar 08, 2016 |
This thread is rich in content. I see no reason why it shouldn't hit fp for better discussions. 3 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 11:31pm On Mar 08, 2016 |
Vado: Nairaland has an exclusive here, this is what legislators want, idea and intellectualism. No stone were left unturned here. I did not want to write for sahara reporters, sun or vanguard this time, as a nairalander of old. 5 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by mbatuku1: 6:08am On Mar 09, 2016 |
Why mostly Ibo girls? |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 8:11am On Mar 09, 2016 |
mbatuku1: There are majority Northern Christian minority but i focused on the Christian southerners. The police must do more to return the children to their parents. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by mbatuku1: 8:49am On Mar 09, 2016 |
months: Islam is just one religion that should be obliterated from this world before the next decade. What a religion that encourages perpetrators of crimes against humanity. Aisha was married off as an underage girl to Mohammed. it's funny how they name all these kidnapped minors Aisha. 4 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 9:23am On Mar 09, 2016 |
mbatuku1: The truth is that since the redeem pastor daughter case and the inability of GEJ to demand the child should be returned to her parents, led to these other cases. GEJ should just stand aside in 2019, he is too sluggish for presidency. There comes a time, u put your foot down and demand justice even if the sky will fall. See the way God works, they went to his state to take Ese, becos as President wen a case was reported to him, he did nothing. He was not effective. A girl under captivity, fear and hypnotism was speaking and GEJ accepted. Y not order the girl to be brought to Aso Rock or repatriated to East, as was done for Ese? U would have heard something different. 4 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by mbatuku1: 12:22pm On Mar 09, 2016 |
months: Sometimes, I'm tempted to call GEJ an asswipe myself. The man should have been a cleaner at Aso Rock. He was scared of his own shadow. 1 Like |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by AntiMahdi: 12:24pm On Mar 09, 2016 |
Islam is to blame for this and no one eles mbatuku1: |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by mbatuku1: 12:24pm On Mar 09, 2016 |
I really wish I can help free these girls. I don't want to live in a society where insanities like these occur with impunity. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by obailala(m): 12:35pm On Mar 09, 2016 |
Fear North... ![]() ![]() Meanwhile Yorubas and Igbos keep fighting themselves foolishly and labelling themselves as enemies while the real forces of backwardness stares us all in the face. ![]() 3 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by BeClever: 12:44pm On Mar 09, 2016 |
ZombieNation: Brilliantly and intelligently said.. ![]() |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by AntiMahdi: 1:05pm On Mar 09, 2016 |
AntiMahdi: |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by months: 6:31pm On Mar 09, 2016 |
AntiMahdi: The murders are not done without reason. In one of the cases, it is acknowledged that after marryng off the child, they made attempts to murder her parents. # mbatuku1: 12:24pm Seun, lalasticlala did u hear dat? |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by EdCure: 6:58pm On Mar 09, 2016 |
months:This barbarism should not be left to continue. Our silence is percievd as our greatest weakness. Seun this deserves as broader imput by bigger audience. We owe our girl child a responsiblility to protect them. We must speak out for them...and lowder! 2 Likes |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by B69U: 8:13pm On Mar 09, 2016 |
Unbelievable! Absolutely unbelievable. Truly sad state of affairs. How did Nigeria get to this? |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by zenith4biz(m): 8:15pm On Mar 09, 2016 |
Let it be on record that this day 9th March, 2016, that I am against abduction for forceful conversion. Say No to Criminality. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by ItsMeAboki(m): 9:08pm On Mar 09, 2016 |
The is a celebration of bigotry and ignorance for birds of the same feather to flock together. Why waste your time, if you think the Sharia is unconstitutional; why not challenge it in court? After all you have the finest lawyers and judges to (assist you masturbate over such bigotry) over turn it. 1 Like |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by dontjealousme: 9:28pm On Mar 09, 2016 |
ItsMeAboki: A paedophile will always find an excuse not to accept responsibility for the crime commited. U are no different. 6 Likes 1 Share |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by T9ksy(m): 9:38pm On Mar 09, 2016 |
obailala: @ bolded....................this exactly has been the case, long before we attained independence and sadly it's still ongoing whilst those who shamelessly admitted not been ready for nor fought for self-rule (from the brits) keeps on slaughtering us with impunity, even on our ancestral homeland. Geez! I weep for my people. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by dontjealousme: 10:32pm On Mar 09, 2016 |
Wat are u hiding? This thread is now viewed by the world press. I have forwarded a copy of the story, thread and pictures. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by dontjealousme: 10:34pm On Mar 09, 2016 |
Seun, lalasticlala wake up we live in the information age, this thread have been here for a days now, the cat is out of the bag, give nairalanders a fair chance to expresss themselves by tomorrow at 5pm. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by bodeloja: 10:55pm On Mar 09, 2016 |
T9ksy: Good Morning Sir! Until we say enough is a enough they will continue. |
Re: Child Kidnap, Rape, imprisonment, Forced Islamisation/marriage by Sharia Court by ItsMeAboki(m): 10:57pm On Mar 09, 2016 |
dontjealousme:LOL, there are more pedophiles in your midst and backyard than meets the eye; castrate your pastors and Catholic priests from sodomizing your children and solve your problem. Charity begins at home. 5 Likes |
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