In Defence Of Yerima

By Danlami Alh. Wushishi

The grey-bearded Senator Ahmad Sani, Yeriman Bakura, is a person that has been involved in numerous controversies by some self-seeking individuals, the recent is the clandestine motive by a few to use his purported marriage to his teenage new bride to ridicule his personally and instigate another Shariah debate.
Senator Ahmed Sani has since 2000 being involved in some religious related controversies, the famous being his proclamation of Shariah implementation in Zamfara State, the amputation of Jangebe, that convicted cow thief, the conviction of Safiya Tungan Tudu over adultery. But, the current controversy has to do with validity or otherwise of his marriage to a girl speculatively held to be 13yrs old, a native of Egypt, a Muslim dominated nation that has a Law that only permits marriage when the girl attains 18yrs.
According to media report, the marriage was conducted at Abuja National Mosque with bride family in attendance, the dowry paid on the bride has also been criticized just like conveying the family from Egypt to Abuja; which some people see as evasion to the “harsh” Egyptian Law on marriage.

Whichever way a person look at it, marriage under 1999 constitution is regarded as Muslim personal affairs, as such the validity and dissolution of marriage is confined to the jurisdiction of Shariah courts, provided both parties are Muslim and the marriage was contracted in accordance with Islamic rules and regulations. Though section 21, Child’s Right Act 2003 provides that `No person under the age of 18yrs is capable of contracting valid marriage and accordingly a marriage so contracted is null and void and of no effect whatsoever, now where constitution clearly provides for the execution of certain conduct; what happens when a subsidiary legislation maintain a contrary view; the undisputed answer is that, the provision of the subsidiary legislation is to the extent of its inconsistency null and void and of no effect.
The heavy reliance on Childs right Act 2003 is a grave misconception of in view of the provisions of Section 262 (2) (a) of 1999 constitution that confers Jurisdiction on Shariah Courts to decides validity of marriage in Nigeria. Senator Ahmed Sani being a senator of the Federal Republic whose power is derived from the constitution cannot be said to have violated the Constitution simply because he sat at the Upper chambers where Child`s right Act was passed, and vow to uphold the sanctity of the constitution, but you may do that just to heat up the polity.

Under Section 38 of 1999 constitution, every person is entitled to freedom of thought, conscience and religion including the freedom to manifest and propagate his religion in relation to practice and observation. The wisdom behind the purport section is to curb unnecessary bickering that might arise on religious issues in view of our multi religious nature. As such, the argument that Nigeria is a Secular State has been exhaustively delibrated at different for a within and outside Academic circle.
Senator Ahmed Sani in a BBC Hausa interview admit to be married to an Egyptian girl, but declined to disclose her age, this keep the NGO and other opponents to speculate that Yarima’s bride is just 13yrs old bride. As a result they begin to launch campaign against Senator Ahmed Sani condemning his act vis a vis attacking his personality being a Senator of Federal Republic. The area of apparent disconnect is the fact that Age has never been a basis for categorizing a marriageable status of a lady in Islam. A lady is considered marriage once she attains the age of puberty, more so, a lady could be married from the age of nine while consummation can take place later, when she’s believed to have acquired the strength to bear the responsibility of womanhood.
It is pertinent to note the doubtful standard played by these NGOs as it relates to marriage. Sometimes last year, they all endorsed the marriage of Bello Masaba to 86 wives all in the name of freedom of religion, today Islam permit Senator Ahmed Sani to marry a woman of his choice, these NGO are raising false alarm, including some women groups whose claim to fight for cause of women, whereas they lock girls in their houses and pay them peanuts as house help, thereby denying them several constitutional rights, an act that also offends sections 9, 10, 11 & 12 of Child’s Right Act 2003 and Section 33 Child Rights Act that dealt with various forms of child exploitation.

Finally, let me conclude by drawing the attention of federal legislators to revisit the provisions of Child’s Right Act wish a few to making some amendments that will incorporate the interest of Muslims. Hence, God has brought us together as a nation, we should accommodate/appreciate our individual differences, and we should note the fact that Muslim don’t look at Arab world for the true meaning of Islam, rather we refer to Al-Quran and Hadith of the Prophet. I equally call on these groups to avoid unnecessary debate, Nigeria has more serious issues to tackle.
•Wushishi Esq writes from Minna