9th
June, 2021
PRESS RELEASE:
MURIC
TO BAUCHI CAN: YOU ARE FREE TO USE CANON
LAW
The Bauchi State
Chapter of the Christian Association of Nigeria (CAN) has called for the
creation of Ecclesiastical courts for Christians in the State like the Sharia
court for Muslims, saying that it will ensure that dispute among Clerics and
even Christians are resolved amicably. According to
CAN, the ecclesiastical court will ensure that disputes among Clerics and even
Christians pertaining to spiritual matters that involve sacraments, successors
to personal properties, Christian marriage, discipline, administration of
church, ecclesiastical corporate bodies, tithes, benefits , questions touching
on oaths and vows are determined in accordance with the Biblical and Christian
injunctions.
In its reaction
to this demand, the Islamic human rights group, Muslim Rights Concern (MURIC),
said it has no objection to the request.
In a statement made available to journalists on Wednesday,
9th June 2021, Professor Ishaq Akintola, MURIC’s Director, described
the request from CAN as harmless.
“The Bauchi Chapter of the Christian Association
of Nigeria (CAN) on Thursday, 3rd June 2021, submitted a memorandum
to the Constitution Review Committee in Bauchi State in which it demanded for
the establishment of Christian courts.
“We will not play the same game of sitting on
Allah-given fundamental human rights of others the same way that Nigerian
Christians have been encroaching on the rights of Muslims. Christians are free
to demand for their own courts so long as Muslims are not to be dragged to such
courts.
“We know
Christians already have Christian law in the country. We could have opposed
their new demand but we do not have to be petty. Let them have as many
Christian courts as they wish. The Bauchi chapter of CAN cannot tell us that there are no Magistrate courts, High Courts and a Court
of Appeal in the whole of Bauchi? Now, what are those courts? Are they not
Christian courts? We know that nobody can stop Oliver Twist from wanting more. Neither
do we need a Charles Dicken to identify the disciples of Oliver Twist in 21st
century Nigeria.
“But we want Nigerians to know that
Christians already have Christian law in the country because the common law
which we have been using since colonial days to date is Christian law. Our
contention that common law is Christian law is based on vehement declarations
of British judges on the subject.
“For
instance, in the case of Bowman versus Secular Society Limited (1916 – 17), the
learned judge said, ‘Ours is, and has always been, a Christian State. The
English family is built on Christian ideals and if the national religion is not
Christian, there is none. English law may well be called Christian law.’
(Bowman versus Secular Society Limited, 1916 – 17, United Kingdom Appeal Case
406).
“Lord Finlay, the then Lord Chancellor,
also remarked in the same case, ‘There is abundant authority for saying that
Christianity is part and parcel of the law of the land.’
“In his magnum opus, Historia
Placitorum Coronae (i.e. The History of Pleas of the Crown, 1736), Sir
Mathew Hale declared, ‘Christianity is part of the common law of England’. Also
in the case of William (1797), Lloyd Kenyon, (1732 – 1802), said. ‘The
Christian religion is part of the law of the land’
“Justice Karibi Whyte capped the edifice and amplified
the symbiotic relationship that exits between the British common law and
Nigeria’s common law when he said, ‘The Holy Bible which appears to contain the
fundamental basis of common law claims to have been derived from the Ten
Commandments God gave to Moses.’
“There is no doubt, therefore, that the
Christians already have Christian law which was the same law that the Christian
colonial masters brought to Nigeria and forced on all of us (including Muslims).
Both the criminal and civil aspects of Islamic law were totally abrogated in
the South West while only criminal law was abolished in the North.
“How beautiful would Nigeria have been if Nigerian
Christians, particularly CAN, had been equally objective when reacting to
demands forwarded by Muslims? But instead of being constructive, CAN always
rejects any idea moved by Muslims even when it does not affect Christians in
any way.
“As we speak,
Christians have opposed the demand of Muslims in the South West for Shariah
even though they know quite well that the Muslims are only asking for civil Shariah,
not the criminal Shariah which they fear involves amputation. They also know
that Shariah will only be applied on Muslims alone. Shariah is the law of the
Muslims, by the Muslims, for the Muslims.
“Let it be on record that although Christians have
always opposed Yoruba Muslims who have been agitating for civil Shariah, Nigerian
Muslims raised no objection when Bauchi Christians asked for Christian canon
law. Posterity will judge who is more liberal, more accommodating, more
understanding and more tolerant.
“The Muslims
demanded Shariah, CAN screamed blue murder. To date, no single Christian has
been taken to Shariah court even after two decades of the reintroduction of
Shariah in Northern Nigeria. The Muslims demanded Islamic banking, CAN
threatened hell and brimstone. Islamic banks have been operating in Nigeria
since January 2012 and the country has not been Islamised. Our neighbours are
fond of crying wolf where there is none. All the noise about Islamisation is
therefore sheer propaganda, a mirage, a phantom, a sham. CAN is chasing
shadows.
Professor Ishaq
Akintola,
Director,
Muslim Rights
Concern (MURIC)
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