Agbakoba threatens to sue National Assembly, AGF
Tuesday, July 16, 2013
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By
Brisibe Perez
Olisa
Agbakoba SAN today threatened to sue National Assembly and Attorney
General of the Federation over absence of Christian/Ecclesiastical Courts in
the Constitution.
Mr.
Agbakoba in a letter to the Senate added that it believes it is a violation of
Section 42 1999 Constitution of the Federal Republic of Nigeria which prohibits
discrimination on account of religion on him.
See
excerpt of the letter below
16th July 2013
The President of the Senate
National Assembly Complex,
Three Arms Zone
Abuja
National Assembly Complex,
Three Arms Zone
Abuja
Dear Distinguished Senator David Mark,
ESTABLISHMENT OF ECCLESIASTICAL COURTS
I am a Christian and Catholic by
faith. I have read the Constitution of the Federal Republic of Nigeria
1999 and have observed that no provision is made for Christians to have their
religious/spiritual affairs adjudicated by persons adequately learned in
Ecclesiastical laws/ biblical jurisprudence.
Islamic and Customary practitioners
are well recognized and accommodated in the Constitution by the establishment
of the Customary and Islamic court systems in Sections 260, 265, 275 and 280
but no corresponding provision is made for Christians or Ecclesiastical
Courts. Christians are forced to resort to Customary and High Courts which are
manned by persons of little or no knowledge of Ecclesiastical law and
jurisprudence.
This in my view violates Section 42
of the 1999 Constitution which prohibits discrimination on account of religion.
It is for this reason that I write to recommend that in the present
Constitution alteration process, provision be made for the establishment of
Christian/Ecclesiastical Courts.
Nigeria is a multi religious country
and faith is personal. I believe matters of faith should not be contained in
the Constitution as provided by Section 10 which prohibits state
religion. But if we must retain customary and Islamic law systems, and I
have nothing against this, then provision must be made for
Christian/Ecclesiastical Courts.
It occurred to me that it may well
be an oversight that the present system violates Section 42 of the 1999
Constitution which prohibits discrimination on account of religion which is why
I am giving this notice.
I have attached for your
consideration a draft bill for the establishment of the Ecclesiastical Court of
Appeal for the Federal Capital Territory Abuja as received from the Christian
Association of Nigeria (CAN). I have also forwarded a copy of this letter
and draft bill to the Attorney General of the Federation.
However, if after seven (7) days,
issues raised are not addressed; I will initiate legal proceedings.
Sincerely,
Olisa Agbakoba SAN
CC: Attorney
General of the Federation
Federal Ministry of Justice, Abuja
Federal Ministry of Justice, Abuja
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