The Organisation of Islamic Cooperation and Economic Development of Pluralistic Nations: Nigeria as a Case Study by Salim Bashir Magashi, LL.B; LL.M; B.L.

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Presentation transcript:

The Organisation of Islamic Cooperation and Economic Development of Pluralistic Nations: Nigeria as a Case Study by Salim Bashir Magashi, LL.B; LL.M; B.L. Doctoral Degree Candidate, Department of Public Law, Stellenbosch University and Lecturer, Department of Public Law Ahmadu Bello University, Zaria.

Outline The Nigerian legal system and pluralism/secularism Nigeria and the OIC The OIC and its objectives Matters arising Conclusion

The Nigerian legal system and pluralism/secularism No state religion S.10 Other constitutional provisions contain religious institutions e.g. courts (enforcing Islamic personal law) Some states’ courts have unlimited criminal jurisdiction (limited to Muslims or consenting non Muslims) Islamic policies in Banking, insurance and deposit insurance, the Hajj Commission (which has a corresponding Christian version) But these are not state policies: thematic and territorial limitation

Nigeria and the OIC Observer status (1976) Full membership (1986) Lingering status Confirmed full membership (currently) Controversies : rejection by non-Muslims Islamisation of Nigeria project Violation of Nigerian secularism under the Constitution Radical Islam

Objectives of the OIC To promote human rights of all including children, women in accordance with Islamic principles (where possible) To promote trade and development To promote international cooperation Generally OIC is like every regional or sub-regional economic development institution All in accordance with the requirements of domestic legal systems

Matters arising Implication on the legal system Application of international law (dualism, so what is the status of OIC Charter and other OIC legal instruments in Nigeria) SUPERIOTY S. 12 of the Constitution Method of applying and executing govt. policies (participatory democracy) Implication for pluralism right to religion Right to freedom of association TRUMP? Implication on economic development Development aid and loans to federating units as well as the federation and even individuals (which affects all) Scholarships, charity, employment etc.

Conclusion Should Nigeria remain a member of OIC? Answer: What will be the implication of withdrawing membership? Would the country be better or worse of considering its volatile nature (mutual suspicion)? Nigeria’s OIC membership is fait accompli especially if peace and justice is to reign. Nothing should stop other religions in the country from advocating for institutions that they think will balance the situation.