The ban on Sharia by the Federal Government provokes mixed reactions. Shaka Momodu gives a step by step account how Sharia began.

For two years on, the sharia legal system is being implemented by some states in the North, it has remained a controversial issue without the Federal Government taking a stand or declaring its current implementation as illegal and unconstitutional. Interestingly, the Minister of Justice and Attorney General Kanu Agabi had to take the bull by the horn when he declared that further implementation of sharia would amount to questioning the very existence of Nigeria. He made the government's position known in a letter circulated to all the states practising sharia, 12 in number so far. The letter states:

"The fact that sharia law applies to only Moslems or those who elect to be bound by its makes it imperative that the rights of such persons to equality with other citizens under the constitution be not infringed. A Moslem should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence. Equality before the law means that Moslems should not be discriminated against."

The current controversy over the sharia implementation by some northern governors started when the Zamfara State Governor, Alhaji Ahmed Sani Yerima, on October 27, 1999 formally introduced and launched the Islamic legal system amid fanfare and a massive and unprecedented crowd turn-out in clear defiance of the 1999 constitution. The Islamic legal system formally came to force on February 27, 2000, four clear months after it was launched. Soon it became the clarion call to other northern governors. Such that any one who has not adopted it, is seen as anti-Islam. And this, none of them was willing to risk, and before any one knew it, sharia has become a political point for any governor who wants to return to office in 2003 elections. And more for the fear of losing election that any genuine desire for religious piety, one after the other the states caught the bug and fast too. At the last count, eleven northern states, Katsina, Kano, Sokoto, Bauchi, Niger, Gombe, Jigawa, Kaduna, Borno, Kebbi and Yobe states have followed in quick succession adopting the controversial system. On August 1, 2000, Katsina State adopted sharia, quickly following Kano which had on the 21st of June celebrated sharia. Then it became some sort of competition among the governors of the northern states.

The adoption of the Islamic law did not come without a huge cost on lives and property. While the take-off in Zamfara was relatively peaceful, attempts to introduce it in Kaduna met with stiff resistance from the Christian fold whose number matched the Moslems population in the state. The State became the first theatre of war between Christians and Moslems for three days between February 21-23, 2000. Then followed reprisal killings in some South Eastern and South Southern towns of the country such as Aba, Owerri, Umuahia, Okigwe and Uyo. Many lives were lost and property worth several millions of naira were destroyed. As a fall out of the riots and insecurity, the southeast governors rose from a meeting calling for confederation, the pan-Yoruba political organisation, Afenifere stressed the clamour for restructuring the polity and devolution of powers to the federating units, while its Igbo counterparts, Ohaneze Ndigbo threatened not to allow its youths to observe their one-year National Youth Service Corp (NYSC) programme in the sharia state.

And for the first time in Nigeria, a Nigerian was subjected to punishment not prescribed in the criminal code. Mallam Bello Jangebe had his left hand amputated for stealing a cow in Zamfara State. This brought home to Nigerians the grim reality of the harsh penalty on those who run foul of its provisions. Many more have lost their limbs and a host of others got several strokes of the cane and jail sentences. Lawali Isa, a fiirewood seller became the second person to be amputated for stealing two bicycles. A tradional ruler in Jigawa State, Alhaji Abba Ajiya of Kazaure got 40 strokes of the cane for keeping at home a house wife, Faiza Bala, who was not his legal wife. In Narbodo, a town in Toro Local Council of Bauchi State, 100 strokes of cane were meted out to a pregnant woman, Hajo Poki for allegedly commiting fornication.

A 35-years old man, Attahiru Umaru was sentenced to death in Birin Kebbi, Kebbi state for forcibly having anal sex with a 7-years old boy. On January 3, 2002, Katsina State executed by hanging Mallam Soni Rodi, 25, who was the first murder convict under the sharia law. He was found guilty of killing with a machete, 35-year old Hajiya, Zainab Hamza, wife of his master and her two children, Hadiza, three and Abdullahi who was 3 months old. Why all these were happening, the Federal Government turned a blind eye and pretended that it was capable of doing little in the circumstances. But when it attempted to speak, it equivocated on the issue sending conflicting signals. Sometimes it posited " sharia is legal", and some other times it will state, "sharia is illegal". Federal Government's inability to deal decisively with the sharia issue was not unconnected with the sensitive nature of the issue and considering the fact that some prominent northern leaders had thrown their full weight behind the implementation of the Islamic law. Notable among these are former president Shehu Shagari and former military Head of State General Muhammadu Buhari and the Nigeria Supreme Council for Islamic Affairs (NSCIA). Government was therefore in a quandary on how to respond to the sharia challenge. This only goaded the northern governors on as it became the sure bet to possible re-election. But Nigerians were taken aback when Safiya Hussaini, a divocee was convicted and sentenced to death by stoning last October for allegedly for allegedly commiting adultery in Tunga Tundun, a town in Gwadabwa area of Sokoto State. That sentence reviberated across the length and breath of the country and beyond. And more than anything else portrayed the religion as barbaric in the eyes of non Moslems. So far, the campaign to get the sentence squashed has been on. With international human rights bodies being in the fore front. Interestingly, even as the campaign to free Safiya intensifies abroad, little is done back home in Nigeria to sensitise the populace on the implications the sentence poses to the integrity of the country's penal code. Tension and violence and bloodbath have so far marked its implementation. Niger State has so far seen a very peaceful implementation of the contentious Islamic law. The Federal Government's new position is coming belatedly considering the fact that 12 of the 19 northern states are already implementing the legal system, it marks a significant turn-around in government's position and appears to underscore a new resolve to deal with the issue once and for all.

Penal Code: Abubakar's status quo ante In the heat of Kaduna riots that claimed many lives and destruction of property worth billions of naira, the federal government extracted a pledge from the states that had implemented the contentious Islamic legal system and others it various stages of its adoption to return to status quo ante. The concession from the governors was announced by Vice President Atiku Abubakar after a meeting if the Council of States on February 29,in Abuja. The Vice Presidence Abubakar in making that announcement, was flanked by Governor Ahmed Sani of Zamfara, Muhammed Kure of Niger State, Adamu Mu'azu of Bauchi and Deputy Governor Stephen Shekari of Kaduna State. The statement reads thus: "This council also discussed extensively on the remote and immediate causes of the present crisis. The discussions were very, very sincere, frank and courageous. And government observed that the sharia issue had been part of our legal system since independence, and therefore it shouyd not and ought not to be a reason for the present crisis in the country. Particularly, the northern governors have agreed that this is not a new issue because the code which is the operating law in the northern states, is substantially sharia. In order therefore, to restore normalcy and to create confidence among all communities, it was decided and agreed that the President and Commander-in-Chief will make a broadcast to the nation later that evening (February 29,2000). President Olusegun did make the broadcast, in which he warned anarchists of the dire consequences of instigating crisis in the country under the guise of religion. The president, expressed shock and dismay "that Nigerians were capable of such barbarism against one another," he urged everybody to embrace peace. "Let our motto be reconciliation for development". The President stated that "council unanimously agreed that all states that have recently adopted Sharia should in the mean time revert to status quo ante. That is sharia as practised in the penal code, should continue to be practised by all states concerned. "Following this understanding, Niger State tactically withdrew its sharia bill at the State House of Assembly. But Zamfara, which started it remained obstinate. And just when things were set to work out following the agreement, the federal government extracted from the governors, former president Shehu Shagari criticised the federal government's posture on the controversial legal system, saying the federal government had no right to intefere in the activities of the states that had implemented it. Incidentally, Shagari was absent at the Council of States meeting were the decision was taken and which had in attendance four former heads of states. Shagari stated thus: "Whatever happened there, must be clearly understood that the Council of State is merely an advisory body, which cannot take any decision that is legally binding on the state governments. The federal government has no right to direct the state governments to suspend or rescind any laws."

Then former Head of State, Major General Muhammadu Buhari picked the gauntlet from Shagari to lend his full support to the Sharia states. It was a dangerous upper-cut to the federal government's move to stem the sharia tide. Following this new found support the states reneged on the agreement earlier reached with the federal government that they revert to status quo ante. And they went full blast on their sharia adoption. There was no stopping them any more as they convinently played on religion to gain more popularity. And the central government tarried on how to confront the situation. The National Assembly passed a resolution asking the court to seek judicial remedy of the situation, but the government sensing danger in that option, opted for a political situation.

But the point here is that the federal government has finally taken a stand, sharia, it says, is illegal. With this new position, the question on most lips now is, is the central government now abandoning its preferred political option which seem to have failed, for a legal interpretation to deal with the matter once and for all?

And coming so close to 2003 which is the year of election, what is the implication for President Obasanjo's re-election bid? Will this now completely erode the president's support in the north which has been on a free-fall lately? Will Sharia governors resist the federal government? And what becomes of the governors if they cave in to federal might which is most unlikely.

The most likely scenario is that the governors catch in on the sentiment to try to asset the legality of Sharia.

They cannot afford less now especially the adoption is more political than religious.