SHARIA AND STATUTORY CRIMINAL PROCEDURE IN NORTHERN NIGERIA: AN OVERVIEW

Sharia Legal System has gained tremendous attention under the present democratic administration of several states in Northern Nigeria, Bauchi state inclusive. As a result Area Courts were abolished and replaced by Sharia courts. Sharia courts of different grades were established and vested with jurisdiction to try both civil and criminal cases. In Bauchi state for example, Sharia courts were established by virtue of section 3(1) of the Sharia courts (Administration of justice and certain consequential changes) law 2000. Sharia courts of three grades, namely, Sharia courts II, I and upper Sharia court were established and all were vested with both civil and criminal jurisdictions. The courts have jurisdiction over Muslims only except where a non-Muslim has in writing submitted himself to the jurisdiction of the courts'. These Sharia courts were empowered to apply Islamic law in all civil and criminal cases as well as Sharia penal code. The Sharia penal code law, 2001 of Bauchi state was enacted to provide for Islamic law of crimes in line with the strict injunctions of the Holy Qur’an and the traditions of the Holy prophet Muhammad (SAW). Similarly, the applicable laws and rules of procedure for the hearing and determination of both civil and criminal proceedings before Sharia courts shall be as prescribed under Islamic law, which comprises, the Holy Qur’an, the Sunnah, the Ijma Qiyas and Ijtihad. In particular, when the Sharia courts are conducting criminal trials, they should also be guided by the provisions of the Sharia criminal procedure code law of the state?. In the light of the above it can be said that Sharia courts in Bauchi state are to hear and determine criminal cases in accordance with the provisions of Islamic law, Sharia penal code law and Sharia criminal procedure code law. This presentation will now make an attempt to examine what Sharia criminal procedure is all about and bring out some important components or issues of criminal procedure that must be contained in any good Sharia criminal procedure code law for the guidance of Sharia courts conducting criminal trials