Why Nigeria’s Constitution Mentions Islam and Sharia but Not Christianity or Other Religions: A Deep Dive Into Legal Text, Religious Equality, and National Identity
Nigeria is constitutionally defined as a multi‑ethnic and multi‑religious nation. Its supreme law—the 1999 Constitution of the Federal Republic of Nigeria (as amended)—is often described as secular in principle because it prohibits the adoption of any religion as a state religion (Section 10) and guarantees freedom of thought, conscience, and religion (Section 38). However, a closer look reveals important nuances: while Islam and Sharia are explicitly embedded in the Constitution’s text, Christianity and other religions are not mentioned at all. This omission has triggered heated debates about fairness, representation, secularism, and national identity.
Nigeria’s Constitution: Secular in Theory, Religiously Detailed in Practice
The Nigerian Constitution opens with a Preamble referencing “God,” affirming a spiritual basis to the state’s moral legitimacy. It also includes two key sections related to religion:
Section 10: “The Government of the Federation or of a State shall not adopt any religion as State Religion.”
Section 38: Guarantees freedom of thought, conscience, and religion, including the right to change one’s religion and to manifest it through worship, teaching, practice, and observance.
These provisions seem poised to ensure legal neutrality among religions. But critics argue that later sections of the Constitution contradict these ideals by embedding specific structures and references exclusively tied to Islam.
Where the Constitution Mentions Islam and Sharia
Unlike Christianity and other faiths, Islam and its legal system (Sharia) are woven into various constitutional sections. These include:
Sharia Courts of Appeal
Sections 260–264 establish the Sharia Court of Appeal in the Federal Capital Territory.
Sections 275–279 empower states to establish Sharia Courts of Appeal and define their jurisdiction.
Constitutional language specifies qualifications for judicial officers (e.g., that a Kadi or judge must be a Muslim for Sharia courts).
These provisions create a parallel judicial system for Islamic law, formally recognised within the Republic’s legal architecture.
How Frequently Islamic Terms Appear in the Constitution
Analyses presented to constitutional review bodies and human rights advocates reveal striking disparities in how religious terms are represented:
“Sharia” appears approximately 73 times.
“Islam” appears around 28 times.
“Muslim(s)” appears close to 10 times.
“Grand Kadi” (the title linked to Islamic judicial leadership) appears frequently.
In contrast, terms like “Christian,” “Christianity,” “Church,” or “Bible” do not appear anywhere in the Constitution.
This has led some legal scholars and civil society groups to conclude that the Constitution effectively gives greater structural recognition to one religion over others.
Christian Leaders and Civic Groups Raise Concerns
The Catholic Bishops Conference of Nigeria (CBCN) and other Christian organisations have repeatedly called on lawmakers to review the Constitution, arguing that its current wording places Christianity and other faiths at a disadvantage. They argue that:
A constitution that references Sharia institutions but makes no mention of Christianity undermines equality before the law.
Christians and adherents of other religions are effectively excluded from constitutional recognition in the same way Islam is.
This exclusion weakens national unity and contradicts the Constitution’s secular spirit.
For example, in a public memorandum to the National Assembly, CBCN leaders described the lack of references to Christianity and other religions as “a fundamental contradiction” that must be corrected for peace and fairness.
Secularism vs Legal Recognition: What the Constitution Actually Says
It is important to clarify that the Constitution never establishes a state religion — it expressly forbids this in Section 10. But the detailed legal recognition of Islamic courts and legal structures suggests that the document goes beyond abstract religious freedom and into the realm of institutional privileging.
Some legal scholars interpret this as simply reflecting Nigeria’s multi‑religious reality rather than indicating a theocratic tilt. Others, including human rights advocates, argue that constitutional inclusion of a religious legal system — without equal provisions for other religions — creates an imbalance that undermines true secularism.
Why Christianity and Other Religions Are Not Mentioned
The absence of Christian terminology in the Nigerian Constitution is not accidental but stems from historical and political developments:
1. Colonial Legacy: Nigeria’s constitutional evolution was shaped by British colonial legal frameworks, which treated religious law variably and often unequally.
2. Legal Pluralism: The Constitution recognises multiple legal traditions (e.g., customary law and Islamic law), but this recognition is explicit only for certain systems — particularly Sharia.
3. Political Negotiation: During constitutional drafting and amendments, special legislative focus on Sharia often overshadowed equivalent provisions for other religions.
Legal scholars argue that this omission is not just symbolic — it affects how religion intersects with law, governance, and public administration.
The Broader Debate: Secular State or Multi‑Religious Reality?
Nigeria’s framers avoided declaring the country a secular state outright. Instead, they enacted provisions that:
Ban the establishment of a state religion (Section 10),
Guarantee religious freedom and equal treatment under the law (Section 38).
Yet, constitutional language on judicial institutions and official structures treats Islamic legal frameworks differently from other religions. This has led critics to contend that the Constitution fails to treat all religions equally in formal recognition.
Calls for Constitutional Reform
Civil society groups have proposed wide‑ranging reforms, including:
Removing specific references to Sharia from the Constitution.
Revising or abolishing constitutional provisions that empower religiously exclusive courts.
Amending the Constitution to explicitly include Christianity and other faiths on equal legal footing with Islam.
Proponents of these reforms argue that such amendments would better align Nigeria’s constitutional text with its diverse religious make‑up and reinforce its secular character.
Conclusion: Representation, Secularism, and Legal Equality
Nigeria’s Constitution articulates important protections for religious freedom and prohibits the establishment of a state religion. Yet the text itself includes multiple detailed references to Islam and Sharia law — institutionalising structures that have no parallel for Christianity or other religions. This asymmetry in recognition has raised legitimate concerns about equity, national identity, and how secularism is put into practice.
As Nigeria continues to engage in constitutional review processes and public discourse on national values, understanding this tension — between theoretical secularism and constitutional specifics — is crucial for informed civic participation. Only through open dialogue and thoughtful reform can Nigeria ensure its legal framework truly reflects the diversity of its people and protects the rights of all faith communities.
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