SHARIAH ENFORCEMENT BY HISBAH: A CONSTITUTIONAL DEROGATION
The institutional obligation of law enforcement in Nigeria has recently been a subject of debate. This paper argues that the Nigeria Police is the only institution that is constitutionally vested with the power of law enforcement in the country. This includes the enforcement of the Shariah Penal Laws that are introduced by some states of the federation. Nevertheless, it is agreed that Hisbah can assist the police in its duty of enforcement of the Shariah Penal Laws due to the line of reasoning that the laws are state laws while the Nigeria Police is a federal institution, however, such assistance must be within the scope of the ‘duties of the citizens’ that is applicable to every Nigerian. It, therefore, concludes that the constitution is very clear about the power of states of the federation to make law, viz a viz, the duty of the Police to enforce all the laws of the federation, regardless of whether such law is federal, state or local government law.
|Keywords: Law Enforcement, Shariah Penal Law, Nigeria Police, Hisbah.|
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