Nigeria: Predominant sects, or branches, of Islam present in Nigeria; role of Imam and how an individual becomes one; whether Imam has any power, or role, in the issuing of death sentences under Sharia law and, if so, the manner in which a death sentence would be issued and carried out; whether a death sentence issued under Sharia law would be legal under Nigerian law

The following information on Islam in Nigeria was provided by Isaac Albert, who is "a senior lecturer in African history and development studies in the Institute of African Studies at the University of Ibadan, Nigeria. He specializes in peace and conflict studies and African indigenous institutions of social control" (1999, 171).

Religious instruments also are being used by some Nigerians to express their disagreement with the sociopolitical problems around them. This problem is most pronounced in the northern parts of the country. The Muslim fundamentalists operating in the north have been very violent. Each time they strike, several hundreds of innocent lives are lost. The best known of these religious fundamentalists are the Shiites and Yan tatsines. The two are opposed to the status quo in Nigeria.

The Shiites are opposed to the political and judicial injustices in the country and have, therefore, decided to seclude themselves from the rest of society. They look forward to eliminating the present crop of Nigerian leaders along the line of the Iranian revolution and, thereafter, establish an Islamic state. The Shiites in northern Nigeria are supposed to be led by Mallam Ibrahim El Zak-Zaky, based in Zaria. Zaky is regarded by the orthodox Muslims in northern Nigeria to be an agent of the Islamic fundamentalism in Nigeria. For some unknown reasons, the Shiites in Kano broke away from the original group led by Zaky, dcclaring him an enemy. Zaky was physically attacked by the Shiites in Kano in October 1994, while preaching at a mosque at Bayero University, Kano. The splinter group in Kano established a school where they indoctrinate other young men into the original type of Islamic radicalism generally associated with the Shiites. This Muslim sect also established its own mosque and set up a newsletter and a weekly publication with which they indoctrinate converts, "employing a mixture ef antiestablishment rhetoric and threats against those Muslims and non-Muslims that don't follow Shiite teachings."

The Shiites have a strong opposition to the Nigerian judiciary and usually call on Muslims to unite in overthrowing it because, in their opinion, the system is decayed beyond redemption. They also resent the police, to whom they refer as babbuque (burnt ones) because of the black uniform they wear.

The Shiite movement is more appealing to the youths than the Yan tatsine, though the two commonly depend on the youth for their violent street activities. Mallam Lawan Dambazou, an elderly Islamic scholar from Kano, particularly described the Shiite movement to be composed of "young men with Islamic adventurism." It is equally an intellectual movement. Therefore, it is dominated by well-educated youths. Most of them have at least secondary school education. The sect has strong membership among the students of institutions of higher learning in northern Nigeria. The leader of the movement, Mallam El Zak-Zaky, is a 1979 economics graduate of Ahmadu Bello University, Zaria. He graduated with a First Class Honors degree. Zaky is believed to have been the "lightning rod of the Muslim Students Society, MSS" during his student days. There are many Shiite students at Bayero University, Kano. Zaky's generally acclaimed Deputy, Mallam Mahmud Turi, holds a degree in accountancy from the University of Maiduguri. He later studied Sharia Law at International University of Africa in Khartoum, Sudan. ...

[The leader of the movement in Katsina stated]:

"We as Muslims, we don't recognize the authority of the federal government, state government, local government any form of authority. . . We do not recognize them as our leaders. We are revolting against them. What is between us and them is emnity, eternal enmity, fight, war, forever until the day they will come to the book of Allah . . . We as Muslims, we have our own law which is the Koran and the Sunna, the traditions of Prophet Mohammed and we execute them under the leadership of Mallam Ibrahim El Zak-Zakv."

The fundamentalists, therefore, are always ready to dare the government; they are not at all afraid of being killed (ibid., 82-83).

In further information on Zak Zaky, AFP described him as "a soft-spoken 46-year-old Islamic scholar and the leader of Nigeria's most prominent Islamic movement [who] has little faith in Nigeria's current leaders" (19 Feb. 1999). In prison for two years on charges of sedition, he was released in December 1998 "after authorities had failed ... to find laws under which he could actually be prosecuted" (ibid.). "Zak Zaky leads the Islamic movement, a Shiite group in the largely Sunni Moslem north of Nigeria which has constantly been at odds with the authorities since he emerged as leader in the mid-1990s, preaching a strict observance of Islamic law" (ibid.). However, "many in the north, Moslems, as well as the Christian minority in the region, admit reservations about Zak Zak's movement, saying it is too radical and seeks to impose Islamic, or Sharia, law" (ibid.).

According to The Encyclopaedia of Islam

the rise of Khomeini ... had its repercussions in northern Nigeria. For, while the conservative Sunni malams were chary of what was a largely Shiite enthusiasm, the activists had no such hesitations. In this they received encouragement from certain expatriate Muslims. For in the ardour of the times, these Sunni radicals were ready to side with Shiites they might otherwise have execrated. Likewise President Gaddafi became an object of radical Muslim admiration, until his meddling in Chad turned Nigerian sentiment against him (1995, 22).

In reporting on the history of Islam in Nigeria, Nigeria Connections wrote:

In major centers in 1990, the Sufi brotherhoods supported their own candidates for both religious and traditional emirate offices. These differences were generally not disruptive. Islamic activist preachers and student leaders who spread ideas about a return to extreme orthodoxy also existed. In addition, a fringe Islamic cult, known as the Maitatsine, started in the late 1970s and operated throughout the 1980s, springing up in Kano around a mystical leader (since deceased) from Cameroon who claimed to have had divine revelations superseding those of the Prophet. The cult had its own mosques and preached a doctrine antagonistic to established Islamic and societal leadership. Its main appeal was to marginal and poverty-stricken urban in-migrants, whose rejection by the more established urban groups fostered this religious opposition. These disaffected adherents ultimately lashed out at the more traditional mosques and congregations, resulting in violent outbreaks in several cities of the north (n.d.).

The following information was provided in correspondence dated 27 March 2001 from a professor in the Department of History at Idaho State University. He was a lecturer at Bayero University, Kano from 1978 to 1983 and has published a book of Islamic law in Nigeria, Thus Ruled Emir Abbas. He wrote that "most Nigerians follow the Maliki school in matters of ritual and law. This is one of the four orthodox or Sunni schools. It also predominates in North Africa." In addition, "many Nigerian follow Sufi mystical orders [and] there are a variety of Islamic associations, which appeal mainly to those with modern education." There are also "popular preachers with their own local followings." (

No further information on the predominant sects, or branches, of Islam present in Nigeria could be found among the sources consulted by the Research Directorate.

In information on Imams in Nigeria, the professor at Idaho State Univeristy wrote that "an Imam is the prayer leader in a mosque. He is chosen by the local community or community leaders. The Imam delivers the weekly sermon on Friday at the mosque. In it he may put forward advice on religious questions. Presumably members of the community take his advice seriously" (27 Mar. 2001).

A barrister with the Legal Support Department of the International Centre for Nigerian Law stated in correspondence, "the Imam is only the head of a mosque or a leader of the religious community" (17 Mar. 2001). An April 1998 report from Essence states that Imams preside over naming ceremonies for Nigerian babies. Speaking about the implementation of Sharia in northern states, a spokesperson for Arewa People's Congress said that "Immams ... are groomed in Islamic culture and doctrines, they know that there is a large period, an extension period of time for mobilisation, for education even within the Muslim setting before sharia can be applied" (This Day 20 July 2000). There are references to Imams leading prayers and presiding at weddings (Guardian 5 Mar. 2001; ibid. 17 Feb. 2001). There are also references to Imams criticizing government officials (Vanguard 5 Mar. 2001; Guardian 28 Dec. 2000).

No information on how someone becomes an Imam could be found among the sources consulted by the Research Directorate. However, when asked if he intended to become an Imam the governor of Zamfara stated "'I am already an Imam, you see in Islam, as a governor I should be the Chief Imam of the state, but because I do not possess the knowledge required to be the Chief Imam, I am still learning and hope that one day, I will become the Chief Imam of Nigeria, not Zamfara alone'" (Vanguard Daily 10 July 2000).

With respect to the Imam's role, if any, in the issuing of sentences under Sharia law, the barrister with the Legal Support Department of the International Centre for Nigerian Law was asked the following question: " In practice and in law, who determines whether a violation of Sharia law has occurred in Nigerian states where it has been recently implemented and, if so, the penalty to be imposed? How is the judgement usually communicated to the perceived violator?" He provided the following information in response:

The Nigeria Police is by law enjoined to enforce any laws duly passed by the legislature. Due to the very controversial (and even volatile) nature of the politics of sharia laws, the police do not often enforce them. It all depends on the attitude of the Commissioner of Police in the state.

In practice therefore, the states that have sharia laws have also set up vigilance or compliance committees who are like the religious police in Saudi Arabia. They are given responsibility for reporting violations. Very often they apprehend perceived violators and many riots have broken out as a result of their activities.

The penalty is determined and imposed by sharia Courts. The sharia states have also set up sharia Courts.

The perceived violator is always brought before a sharia Court and tried. It is only on conviction that the penalty is imposed and carried out. The perceived violator is present all the time and the language of the court is usually Hausa or English. The accused understands all the time what is going on (17 Mar. 2001).

When asked if the Imam has any power, or role, in issuing death sentences, the professor at Idaho State University wrote: "Under Islam, judicial authority is in the hands of the judge, referred to in northern Nigeria by the Hausa term alkali. However, anyone considered a well qualified Islamic scholar can always put forward views on a legal question" (27 Mar. 2001).

The Director of the Centre for Democracy and Development provided corroboration on some of the above during a 20 March 2001 telephone interview. He said that the Nigerian police force is a federal police force and that they "have made it clear" that they will not enforce Sharia laws (20 Mar. 2001). Instead, what is happening, is that "a kind of vigilante force" helps to enforce the Sharia laws in some of the states which have implemented those laws. They apprehend perceived violators of the law "under the auspices of the state government." They are equipped with their own makeshift uniforms and when they detain someone the person should "ideally" be taken to a detention centre. However, since Nigeria's prisons are also a federal responsibility, the perceived violators are instead often taken to improvised places of detention. The person is then taken before a Sharia court at which the accused is tried and, if necessary, sentenced. The Director stated that the position of Imam would not have anything to do with this process of detention, trial, and sentencing of those accused under Sharia laws.

However, a 19 June 2000 report stated that "thousands of Muslim youths in [Kano City] protested to demand the appointment of an Islamic leader as the state chief judge ... They argued that the full implementation of Sharia could only be guaranteed under an Imam, an Islamic cleric, who they believe would be more competent to administer Islamic laws and ethics" (Vanguard Daily).

There are other reports of the existence of vigilante groups in Zamfara state (Tempo 8 Feb. 2001; The Christian Science Monitor 22 Feb. 2001). Members are dressed in red uniforms and armed with homemade machetes, whips, and clubs (ibid.; Tempo 8 Feb. 2001). They patrol public areas "detaining anyone suspected of misconduct" (The Christian Science Monitor 22 Feb. 2001; Tempo 8 Feb. 2001). One report on these groups quoted Zamfara's governor, Ahmed Sani as saying

I have been having problems with the police in arresting and prosecuting culprits. If the police continue with this attitude from next month the vigilante group will have the powers to arrest and present for prosecution violators of Sharia laws. The Attorney-General is hereby mandated to prosecute such culprits (Tempo 8 Feb. 2001).

To woo the religious leaders unto his side, Ahmed Sani who has already elevated Imams and Ustaza, said a committee on Mosques and Imams is being established to harmonize the activities of the religious leaders as well as organise courses and seminars for them. The position of an Imam he also decreed would no longer be filled by inheritance as all who had knowledge of the Quran and are religious will be eligible. He similarly spiced the religious seats with an allowance of N5,000 monthly for Imams, N3,000 for deputy Imams and N2,000 for 'Ladans' (ibid.).

The article also reported that the vigilante groups received over N10 million from the state government in order to purchase vehicles and office furniture (ibid.).

While the following information does not deal with the issuing of death sentences, it provides information on how Sharia laws are enforced in the states that have implemented them.

With respect to trials under Sharia, The Christian Science Monitor reported reactions by Muslim leaders to international complaints regarding the case of Bariya Magazu, her appearance before a Sharia judge, and her subsequent sentence of 100 lashes for premarital sex (22 Feb. 2001).

They [Muslim leaders] explain that lashings are meant to serve as highly regulated public humiliations not brutal punishments.

According to Zamfara state's legal code: "(f) The executioner shall be of moderate physique; (g) The lashes shall be of moderate force so as not to cause lacerations to the skin of the convict; (h) The executioner shall hold the whip with the last three fingers."

Custom dictates that the executioner holds a book under the arm with the whip to further reduce the force of the blow. ...

These sensational cases notwithstanding, the day-to-day workings of sharia law are actually quite boring. ...

A day of hearings in Judge Shitu's three-room courthouse is hardly shocking. One woman explains she doesn't love her husband any longer. The husband, clearly disappointed, says he wants to remain married but won't object if she really wants the divorce. The judge grants the divorce on the spot. One man sues another for breaking a contract. The judge tells him to bring witnesses another day.

The strangest case comes at the day's end. A woman sues a neighbor for calling her a "harlot." The accused - who faces up to one year in prison and up to 40 lashes - denies the charge. Shitu tells the complainant that she must bring four witnesses to the next hearing.

To be found guilty in sharia court, the accused must either admit their guilt or be caught in the act by no less than four witnesses. Even sharia law boosters admit this makes it a pretty ineffective punishment tool. (ibid.).

In other information on the enforcement of Sharia laws, Vanguard reported that the "Chairman of Gwarzo local government council in Kano state ... inaugurated a committee to enforce the people's compliance with Sharia laws in the area" (23 Feb. 2001).

He tasked the committee to ensure that all Muslims in the area complied with Sharia laws and that the rights of non-Muslims were also protected.

"As vanguards of Islam, you must not victimise or harass anybody, irrespective of creed, religion or nationality. You must be seen to discharge your duty without fear or favour", the chairman added.

Abdussalam [the Chariman] warned that any member of the committee found doing anything contrary to the rules would be appropriately dealt with (ibid.).

This Day reported that "the Yobe State committee on monitoring the implementation of Sharia in the state ... said the committee in collaboration with law enforcement agencies will be stepping up activities to ensure full compliance with the law" (14 Jan. 2001).

In other information Vanguard reported:

The Katsina State committee for the implementation and monitoring of sharia has accused the state government and its agencies of sabotaging the actualisation of the Islamic legal system in the state.

At a news conference in Katsina, chairman of the committee, Malam Aminu Mai-gari, condemned the actions of the state government, the state's House of Assembly, the judiciary and the state's Sharia commission, which he said were inimical to the implementation of Sharia.

He cited the recent establishment of sharia courts and appointment of upper area court judges which he described as arbitrary, "since they did not consult the state Sharia commission as provided for by law."

Mai-gari said that when the Sharia commission complained to the state governor about the actions of the chief judge, the governor did not act and described the development as "a connivance" by the three arms of government to destroy the Islamic law in the state.

The committee also accused the state government of allowing cases involving Muslims to be taken to magistrates' courts, and said that it was a contravention of the codified Sharia law of the state.

It said that taking cases involving Muslims to the magistrate's court was retarding the progress of Sharia in the state and that the trials of cases in the Sharia court, particularly when they involve Muslims, were faster and more satisfying.

It, therefore, gave the state government and the other arms of government charged with the task of implementing Sharia in the area up to the end of this month to change their approach, "or we will take appropriate actions within the ambit of the law" (1 Mar. 2001).

PANA reported on 23 November 2000 that a committee of the Niger State House of Assembly was

investigating the reported killing of some 15 persons when Sharia enforcers allegedly stormed Salka village in Magama Local Government of the State earlier this week.

The enforcers, members of the State's Liquor Licensing Board, were punishing alleged violators of the Islamic penal codes barring the sale and consumption of alcohol.

No mention of any death sentence being issued under Sharia law in Nigeria could be found among the sources consulted by the Research Directorate. However, with reference to the issue of apostasy, the professor at Idaho State University offered the following opinion, "certainly the federal government would not allow the punishment for conversion [death penalty]" (27 Mar. 2001). For further information on apostasy in Nigeria please consult NGA36564.E of 28 March 2001.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France Presse (AFP). 19 February 1999. "Nigeria - Shi'ite Leader Dismisses Transition Program." (FBIS-AFR-1999-0219 19 Feb. 1999/WNC)

Albert, Isaac O. 1999. "Sociocultural Politics of Ethnic and Religious Conflicts." Inter-Religious Conflict Resolution in Nigeria. Edited by Ernest E. Uwazie, Isaac O. Albert, and Godfrey Uzoigwe. Lanham, MD: Lexington Books.

Centre for Democracy and Development (CDD), London, U.K. 20 March 2001. Telephone interview with director. The director is a civil-military relations scholar who studied at the Universities of Lagos, Ife and London where he received his PhD in War Studies. He is an adviser to various organizations on African affairs, including the British Parliamentary Human Rights Group, International Crisis Group and Norwegian Council for Africa.

The Christian Science Monitor [Boston]. 22 February 2001. Rena Singer. "The Double-Edged Sword of Nigeria's Sharia." (NEXIS)

The Encyclopaedia of Islam. 1995. New ed. Vol. VIII.. Edited by C. E. Bosworth et al. Leiden: E. J. Brill.

Essence. April 1998. Barbara Eklof. "Cherished Cultural Celebrations." (NEXIS)

The Guardian [Lagos]. 17 February 2001. Mohammed Abubakar. "Four Weddings and a Presidential Seal." [Accessed 23 Mar. 2001]

_____. 5 March 2001. Mohammed Abubakar, et. al. "Borno, Plateau Moslems, Others Mark Sallah Today." [Accessed 23 Mar. 2001]

_____. 28 December 2000. "Gani's Gesture and Education in the North." [Accessed 23 Mar. 2001]

Idaho State University, Department of History. 27 March 2001. Correspondence from professor.

International Centre for Nigerian Law, Legal Support Department, Nigeria. 17 March 2001. Correspondence from Barrister and Solicitor. "The International Centre for Nigerian Law (ICFNL) is dedicated to modernising Nigerian law and making it responsive to the real requirements of doing justice. We are also determined to make the laws of the Federal Republic of Nigeria available to a worldwide audience." Its membership is worldwide and includes primarily lawyers. "Legal Support is domiciled in Nigeria and is responsible for all research and documentation. They receive and respond to requests for assistance of a legal nature from visitors to the site and any other persons who may require assistance with matters relating to the Laws of the Federal Republic of Nigeria."

Nigeria Connections. n.d. "Islam." [Accessed 14 Mar. 2001]

PANA [Dakar, in English]. 23 November 2000. "Nigeria: Niger State Institutes Probe into Alleged Killings of Shari'ah Violators." (FBIS-AFR-2000-1123 23 Nov. 2000/WNC)

Tempo [Lagos]. 8 February 2001. "Nigeria; Hurray, Sharia is One!" (NEXIS)

This Day [Lagos]. 14 January 2001. "Nigeria; Yobe: Sharia Committee Reads Riot Act." (Africa News/NEXIS)

_____. 20 July 2000. Kenny Ashaka. "Nigeria Politics; Whay Sharia is Spreading in the North - APC." (Africa News/NEXIS)

Vanguard [Apapa]. 5 March 2001. Emma Amaize. "NSCIA, Edo Govt Disagree Over List of Hajj Pilgrims." [Accessed 23 Mar. 2001]

_____. 1 March 2001. "Committee Accuses Katsina Govt of Sabotaging Sharia." [Accessed 23 Mar. 2001]

_____. 23 February 2001. "LG Inaugurates Committee on Sharia." [Accessed 23 Mar. 2001]

Vanguard Daily [Lagos]. 10 July 2000. "Nigeria; Zamfara Not Islamic State, Says Sani." (Africa News/NEXIS)

_____. 19 June 2000. "Nigeria; No Panic in Kano Over Sharia, Says Government Official." (Africa News/NEXIS)

Additional Sources Consulted

IRB databases

LEXIS-NEXIS

REFWORLD

World News Connection (WNC)

Three non-documentary sources contacted did not provide information on the requested subject.

Four non-documentary sources contacted could not provide information on the requested subject.

Unsuccessful attempts to contact four non-documentary sources

Internet sites including:

Adherents.com

The Guardian [Lagos].

Keesing's Record of World Events [Cambridge].

Nigeria News Network.

Post Express [Lagos].

Vanguard [Apapa].