Get Guardian on GoogleThe Kaduna State High Court has declared unconstitutional a provision of the State Customary Court Law that disqualifies Muslims from being appointed as judges of Customary Courts in the state.
The judgment was delivered on July 14, 2026, by Justice A. A. Bello of the Kaduna Judicial Division in a suit instituted by Nuhu Ibrahim, with Suit No. KDH/KAD/928/2020, against the Kaduna State House of Assembly, the Governor of Kaduna State, the Attorney-General of Kaduna State and the Kaduna State Judicial Service Commission.
Besides, the plaintiff had approached the court through an Originating Summons filed on November 23, 2020, challenging Section 4(c) of the Customary Court (Amendment) Law, 2001, which introduced a provision stating that a Muslim could not be considered for appointment as a judge of the Customary Court.
Ibrahim argued that the provision was discriminatory and violated Section 42(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, as well as relevant provisions of the African Charter on Human and Peoples’ Rights.
He also queried the justification for using religious affiliation as a qualification or disqualification for appointment into a court established to administer customary law rather than religious law.
Meanwhile, in its ruling, the court agreed with the plaintiff and declared that the provision was inconsistent with the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
Specifically, Justice Bello declared that the proviso to Section 8 of the Kaduna State Customary Court (Amendment) Law, 2001, which provides that Muslims cannot be considered for appointment as Customary Court judges, is unconstitutional, null and void to the extent of its inconsistency with the Constitution.
The court further held that religion is not a lawful qualification or disqualification for appointment as a judge of a Customary Court in Kaduna State, stressing that the institution was established to administer customary law and not religious law.
However, the court declined the plaintiff’s request to suspend or restrict the jurisdiction of duly constituted Customary Courts over persons of any particular religious faith, holding that there was no legal basis for such an order.
The court consequently directed the defendants to give effect to the judgment by ensuring that future appointments to the Kaduna State Customary Court Bench comply with the provisions of the Constitution and are free from discrimination on religious grounds. There was no order as to costs.
The judgment represents a significant judicial pronouncement on religious equality, non-discrimination and equal opportunities in public appointments in Kaduna State.
