Suchergebnisse

AbstractConflicts over the status of Sharia Islamic law have dominated constitutional politics and ethno‐religious relations in the Nigerian federation for decades. The adoption of stringent Sharia codes by 12 Muslim majority states in northern Nigeria, beginning with Zamfara in 1999, was particularly contentious, provoking broad concerns about the viability and survival of Nigeria's innovatively structured multi‐ethnic federal system. But Sharia implementation and extension in Nigeria have followed a largely benign trajectory. The Nigerian federation's judicious combination of centrist and autonomy mechanisms has been remarkably effective in managing religious conflict and cauterising potentially disintegrative centrifugal challenges to national stability. Copyright © 2009 John Wiley & Sons, Ltd.

ABSTRACTSince Nigeria's transition from military to civilian rule in 1999, the country's Supreme Court has risen from a position of relative political obscurity and institutional vulnerability into a prominent and independent adjudicator of inter-governmental disputes in this chronically conflicted federation. Examined here is the Court's arbitration, during President Olusegun Obasanjo's two civilian constitutional terms (1999–2007), of fifteen different federal-state litigations over offshore oil resources, revenue allocation, local governance and public order. The Court's federalism decisions were remarkably independent and reasonably balanced, upholding the constitutional supremacy of the Federal Government in several findings, tilting towards the states in some declarations, and simultaneously underwriting federal authority and state autonomy in other rulings. Despite the Court's important and independent role, however, the Nigerian federation was vexed by violent conflicts, underscoring the structural, political and constitutional constraints on judicial federalism in this notoriously complex and divided country.

The fragility of Nigeria's new democracy is rooted in the onerous burden of the preceding era of military misrule and the shallow nature of the May 1999 transition from autocracy to democracy.