The leadership and members of the Egbe Agba Itesiwaju Yoruba which consists of notable Yoruba leaders, sons and daughters across all Southwestern States of Nigeria, Edo/ Delta, Kogi, Kwara and diaspora, have continued to watch with keen interest the recent needless debate on the establishment of independent Shariah panels in Oyo town and Ekiti state.
We have also observed the new dimension where some groups associated with Yoruba nation have not only antagonized the Shariah panels but have also gone ahead to denigrate some respected traditional rulers and religious leaders in a way not befitting an Omoluabi ethos known with Yoruba men and women.
It is against the above background it becomes expedient for us to make this release so that their actions will not be wrongfully construed to be a true representation of the position of the Yoruba people.
YORUBA: A PEACEFUL AND ACCOMMODATING PEOPLE
Yoruba people are peaceful and accommodating. This reflects on how much our forefathers accommodated the two religions of Islam and Christianity. Islam was the first of the two that found its way to Yoruba land and a number of notable Yoruba including the traditional rulers accepted Islam and practiced Islam in their daily lives. Muslim leaders became well entrenched among Yoruba leadership to the extent that central Mosques were sited together with the palaces in many towns and cities in Yoruba land. Muslims and the traditional worshippers continued to coexist without any problem. It was a common practice for traditional worshippers to allow Imams to conduct naming ceremonies of their newborn children and release some of their children to the Alfas to learn from. And when Christianity came later, it enjoyed similar treatment among the Yoruba people including the Muslims.
SHARIAH IN YORUBA LAND
Without doubt, Shariah has been part and parcel of Yoruba land from time immemorial. It is as old as Islam itself The word Shariah itself has become so common in usage among the Yoruba people to the extent that it has become part of Yoruba language. Not only that, some Yoruba Obas in the past especially from what is now known as Osun, Oyo, Ogun and Lagos State have one time or the other practiced shariah in their domain. As far back as 1879, Lagos Muslims submitted petition to the Colonial government asking for Shari’a in Lagos. Perhaps, if not for the coming of the colonial masters , Shariah might have become the predominant law in some cities such as Ede, Iwo, Ikirun, Epe, Ibadan etc. And in all this period, it did not pose any security threat to the existence of adherents of other faiths.
SHARIAH IN THE CONSTITUTION
1999 Constitution of the Federal Republic of Nigeria (as amended) is the grand norm. It is the mother of all our laws, and by Section 2 of the Constitution, If any law is inconsistent with the Constitution, such shall be null and void to the extent of its inconsistency.
By the combined effect of Sections 237, 244, 247, 260, 261, 262, 263, 264, 275, 276, 277, 278 and 279 of the Constitution, Shariah is well entrenched in our Constitution. While Section 260(1) establishes a Shariah Court of Appeal for Federal Capital Territory, section 275(1) also establishes a Shariah Court of Appeal of State for any state that requires it. Section 262 and 277 of the constitution clearly defines the jurisdiction of the Shariah Court of Appeal to include “any question of Islamic personal law”
From the provisions of the constitution cited above, it shows that the jurisdiction granted to the Shariah Court of Appeal does not go beyond Islamic personal law such as marriage, divorce, custody, etc. It does not cover the entire Islamic civil matters, not to talk of criminal issues.
EXISTENCE OF INDEPENDENT SHARIAH PANELS
As Yoruba leaders who are well on ground in all Southwest states , we are not oblivious of the existence of the Independent Shariah panels spanning about two decades in Oyo, Osun, Ogun and Lagos. The panels we understand were put together by Yoruba Muslim leaders as a result of the failure of the government to establish Shariah court in Southwest states in accordance with the constitution. The panels serve as arbitration platforms that have helped to resolve several issues of Islamic personal law such as marriages, divorce, custody and maintenance among others. This has contributed in no small measure in maintaining peace and stability that we enjoy in Yorubaland.
It needs to be stated that the existence of such arbitration panels are not alien to us in Yoruba land as issues had always been resolved by Muslims through the intervention of Imams, Islamic Clerics and other leaders in accordance with the dictates of Islam in the same way our traditional chiefs were used to resolving issues in customary manner. The panels only came as an organized effort to make things easy among the Muslims.
YORUBA, SULTAN OF SOKOTO TRIBES AND SHARIAH ISSUES
We read the release made by some Yoruba groups casting aspersions on the personality of the revered traditional ruler and religious leader who doubles as the Sultan of Sokoto and president-General of the Nigeria Supreme Council for Islamic Affairs, Dr Sa’ad Abubakar III. We are amazed with the barrage of insults hurled on his personality and Fulani ethnic group in a release made by Yoruba self determination group under its leadership, Prof Banji Akintoye. We want to distance ourselves and all well-meaning Yorubas from such a demeaning approach. That is not the attitude of Yoruba people. As Yoruba people, we are known with courtesy, mutual respect and peaceful disposition to issues. That is why we are called “the Omoluabis”. We are people of good character. We are not uncultured. The content of that release does not befit the personality of a true Yoruba person. It does not represent us and we dissociate ourselves from it.
How do we feel as Yoruba if the personality of our revered Obas such as the Ọọni of Ife or Alaafin of Oyo is unnecessarily demeaned for no just course. Or do ask what is the offence of the leader of the Nigerian Muslims on issue that affect a section of his Nigerian Muslim Community! Why should we create a dichotomy between the Yoruba Muslims and their brothers from other regions of Nigeria! This is definitely not the way of the Yorubas. Yorubas are bridge builders! We are not destroyers!! We are Omoluabis!!!
DO YORUBA WANT SHARIAH
Since the Yorubaland consists of adherents of all religions; Islam, Christianity, and traditional religion, it is our position that it is only the Yoruba Muslims that can say whether they want Shariah or not. It does not behove other people to speak on their behalf. If Yoruba Muslim leaders decide to establish Independent shariah panels as they have done for two decades without contravening any aspect of the constitution, it is within their right to do. This clearly falls within the right to the freedom of religion as contained in Section 38 of the 1999 Constitution (as amended). And if bills are properly presented before the Houses of Assembly in accordance with section 275 of the Constitution on establishment of Shariah Courts of Appeal, so be it.
As Yoruba leaders, our responsibility is to be tolerant of all adherents of all religions in order to continue to enjoy peace and tranquility that Yorubaland is known for.
CONCLUSION
We want to use this forum to urge all our brothers, especially leaders of Yoruba groups to shun anything capable of turning Yorubaland into a theatre religious war. Our responsibility is to be unbiased in the way that we look at issues in order to foster unity and togetherness for peace, progress, and development of our region.
It is also important that we continue to demonstrate good characters, maturity and behaviors that are consistent with the ethos of Omoluabi that we are.
May peace, tranquility, progress and development continue to reign in our land.
Egbe Agba Itesiwaju Omo Yoruba! Agbega ati Itesiwaju Omo Yoruba lo jewa logun!!
Agbaakin Tunde Adeleke
Worldwide President
Pa Tafa Olawuyi
Secretary General
High Chief Kola Oriolowo
Publicity Secretary
