During an interview on Channels TV, Adetunbi emphasized that neither Muslim nor Christian groups have the authority to establish official courts. He pointed out that these panels function as a form of customary arbitration, a practice recognized within Nigerian jurisprudence, including by the Supreme Court. He explained that for such arbitration to be valid, two key conditions must be met: the parties involved must voluntarily submit to the process, and they must accept the outcome of the arbitration.
The legal expert further highlighted that these panels are non-binding in nature. Participants in the arbitration process are not compelled to accept the decisions made by the panel. If one party disagrees with the outcome, there are no legal consequences, and they are free to ignore the ruling. This voluntary and non-compulsory framework differentiates these panels from official legal proceedings.
Adetunbi also drew a clear contrast between the Sharia panels and formal courts. He noted that the Sharia panel operates on a voluntary basis, meaning that no Muslim can be compelled to attend the panel’s hearings. If an individual chooses to participate, they can do so, but they are not obligated by law to accept the panel’s decisions. This voluntary nature sets it apart from traditional legal proceedings where individuals can be compelled to attend court hearings and face legal consequences for non-compliance.
In his explanation, Adetunbi further clarified that the Sharia panels should be considered religious arbitration rather than a court of law. These panels are intended for Muslims to resolve disputes within their community, and they do not have the same authority or functions as official courts in Nigeria. According to Adetunbi, this distinction is crucial to avoid unnecessary confusion and debate over the role and legitimacy of these panels.
Adetunbi concluded by emphasizing that there is no cause for alarm over the establishment of the Sharia panels, as they are simply a form of religious arbitration within the Muslim community. He reassured that these panels do not interfere with the formal legal system, and their voluntary and non-binding nature ensures that they do not pose any legal challenges or risks to the broader Nigerian society.
In his remarks: “Whether they are Muslim groups or Christian groups, nobody or no group has the power to establish any court.Under our jurisprudence, even up to the Supreme Court, it has been recognized that there’s what is known as customary arbitration.”CONTINUE FULL READING>>>>>
