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The Sharia Debate and the Origins of Nigeria's Second Republic

Published online by Cambridge University Press:  11 November 2008

Extract

From 1977 to 1979, Nigeria prepared itself for the coming Second Republic. Most important on the agenda was the writing of a new Constitution. The Supreme Military Council (S.M.C.) appointed a Constitutional Drafting Committee, and its Draft was debated by the Constituent Assembly, which included elected members from all 19 States, as well as a number nominated by the S.M.C. The Draft, along with the changes proposed by the Constituent Assembly, were presented in September 1978 to the S.M.C. which made further alterations. That Constitution provided the basis for the subsequent elections of July and August 1979, and the formal inauguration of the Second Republic took place in October.

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Articles
Copyright
Copyright © Cambridge University Press 1982

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References

page 411 note 1 The rôle of the Sharia in Nigeria's history is discussed by Dent, Martin J., ‘Dangers of Polarity in Religious Matters’, in West Africa (London), 24 04 1978,Google Scholar by Perham, Margery, Native Administration in Nigeria (London, 1937),Google Scholar and in ‘What You Need to Know About the Sharia Court of Appeal’, in New Nigerian (Kaduna), 12 08 1977.Google Scholar

page 412 note 1 Federal Republic of Nigeria, Reports of the Constitution Drafting Committee (Lagos, 1976), Vol. II, p. 24.Google Scholar

page 412 note 2 Ibid. Vol. I, which contains the entire Draft Constitution.

page 412 note 3 For an educated guess, see Balta, Paul, ‘La Progression de l'Islam’, in Le Monde (Paris), 16 01 1981.Google Scholar

page 413 note 1 Rev. Wambutda, D. N., ‘Towards a Peaceful Religious Co-Existence in Nigeria: from a Christian perspective’, in I. A. B. Balogun (ed), ‘Religious Understanding and Co-operation in Nigeria’, Proceedings of a Seminar Organised by the Department of Religions, University of Ilorin, 7–11 August 1978, p. 87.Google Scholar

page 413 note 2 Reported in the New Nigerian, 8 May 1977.

page 413 note 3 Dent, loc. cit.

page 413 note 4 The rôle of appeals in Sharia is discussed in Shapiro, Martin, Courts: a comparative and political analysis (Chicago, 1981), ch. 5.Google Scholar

page 415 note 1 West Africa, 24 April 1978.

page 415 note 2 Ibid.

page 415 note 3 New Nigerian, 12 August 1977.

page 415 note 4 West Africa, 14 November 1977.

page 415 note 5 Federal Republic of Nigeria, Proceedings of the Constituent Assembly. Official Report, Vol. I (Lagos, 1977), column 49.Google Scholar Hereinafter, all references to this volume — which covers 6 October, 11–20 November, and 1–16 December 1977 — will be referred to in the text with ‘c.’, denoting column.

page 416 note 1 The Adebo sub-committee is discussed in the New Nigerian, 4 July 1978, and in West Africa, 21 and 28 August 1978.

page 416 note 2 See West Africa, 9 October 1978, for a discussion of the manifesto of the National Party of Nigeria.

page 416 note 3 See, for example, the presentations of Chukwu, T. E. (Imo), c. 301; B. N. Amalaha (Imo), c. 310; and A. Y. Kadzai (Gongola), c. 464.Google Scholar

page 421 note 1 For pro-F.S.C.A. members, ‘moderates’ were those who acknowledged the difficulties yet still supported the Sharia, while ‘extremists’ were those who either did not equivocate and/or used threats against non-supporters. For anti-F.S.C.A. members, ‘moderates’ emphasised the technical problems involved in the proposals, but did not rule out some accommodation, while ‘extremists’ were in ideological opposition to all Sharia courts.

page 421 note 2 M.C.A.s from Kano differed from the other five on a number of issues, but not on the Sharia.

page 421 note 3 S. O. Biobaku suggested to me that Bendel State might have been examined more fruitfully alone. If it were, its M.C.A.s would be seen as acting just like those from the other States in the old Western Region. Why this is so would require a separate analysis.

page 425 note 1 For relatively reliable data on the percentage of Christians and Muslims in Oyo, see State, Oyo, Report on the Survey of Religious Organizations in Oyo State (Ibadan, 1977).Google ScholarData on the relative political and economic success of the Christian Yorubas will be presented in Laitin, David D., Hegemony and Culture: the politics of religious change among the Yoruba (forthcoming).Google Scholar

page 425 note 2 Cf. Marshall Hodgson's, G. S. magnificent three-volume study, The Venture of Islam (Chicago, 1974).CrossRefGoogle Scholar For a good discussion of the rôle of Christian missionaries in Plateau State, see Wambutda, Daniel Nincir, ‘A Study of Conversion Among the Angas of Plateau State of Nigeria with Emphasis on Christianity’, Ph.D. dissertation, University of Ife, 1978.Google Scholar

page 426 note 1 It is interesting that Martin J. Dent did not signal out Benue and Plateau States as the real source of polarisation in his analysis of the F.S.C.A. issue in West Africa, loc. cit. The source of some of the tensions between the North and Benue and Plateau States on the eve of the Second Republic is lucidly discussed in Joseph, Richard, ‘Democratization under Military Tutelage: crisis and consensus in the Nigerian 1979 elections’, in Comparative Politics (New York), 10 1981, pp. 75100.Google Scholar

page 427 note 1 Joseph, loc. cit.

page 427 note 2 Whitaker, C. S., The Politics of Tradition (Princeton, 1970), has an excellent discussion of the forces inside Ilorin (capital of the present Kwara State) that were interested in secession from the North.Google Scholar

page 427 note 3 Field work, 20 August 1977.

page 427 note 4 Ibid. 24 August 1977.

page 427 note 5 Two Yoruba scholars have with considerable sophistication discussed this phenomenon of religious toleration. See Gbadamosi, T. G. O., The Growth of Islam Among the Yoruba, 1841–1908, (Atlantic Highlands, N.J., 1978),Google Scholar and Adelowo, E. D., ‘Islam in Oyo and its Districts in the Nineteenth Century’, Ph.D. dissertation, University of Ibadan, 07 1978.Google Scholar

page 428 note 1 Richard Joseph, personal communication.

page 428 note 2 See Reports of the Constitution Drafting Committee, Vol. II, pp. 124–5.

page 429 note 1 The major sources for this discussion are Sklar, Richard, Nigerian Political Parties (Princeton, 1963);Google ScholarPost, Kenneth W. J. and Jenkins, George D., The Price of Liberty: personality and politics in colonial Nigeria (Cambridge, 1973);Google Scholar and Post, Kenneth W.J. and Vickers, Michael, Structure and Conflict in Nigeria, 1960–1966 (London, 1973).Google Scholar

page 429 note 2 The reasons for the limited political conflict over religious differentiation among the Yorubas are examined at length in Laitin, op. cit.