ABSTRACT
It has been stated by Mayer that "the role of constitutions in systems where Islamic law is applied remains a major point of contention". The difficulties inherent in reconciling the operation of Islamic law with the constitutional arrangements of a modern nation state are vividly illustrated by recent developments in Nigeria. Leaving the Sharia Court of Appeal out of the Constitutional equation amounted to expunging Muslims from the body politic of Nigeria and would signal the dismemberment of Nigeria. In 1994, General Abacha convened a National Constitutional Conference with a view to producing a new Constitution to replace the stillborn Constitution of 1989. Secularity has thus been constitutionally guaranteed in recognition of the fundamental right of Nigerians to profess any religion". Finally, the manifest unwillingness of the Federal Government to initiate judicial proceedings with a view to challenging the constitutionality of the reforms introduced by the Sharia-implementing states may also have significant implications under international law.
