Let me start by expressing my gratitude to the Muslim Lawyers’ Association of Nigeria (MULAN) for inviting me to deliver this keynote address at its 4th National Conference holding at the University of Ibadan. The theme of the address, as we are all aware, is “Islam, Law and Challenges of Modern Nigeria”.

It is important to note that the theme of this conference is very appropriate at this crucial period of our national development. The initiative taken by the Muslim Lawyers’ Association of Nigeria underscores the noble role of Muslim professional organisations in enlightening the general public, thereby making their own contributions to efforts in moving Nigeria forward.

Islam as a religion and way of life:
Islam is not a set of rituals. It is both a religion and a perfect way of life. For a non-Muslim, religion may be a private relationship between man and his creator. But for a Muslim religion comprehends the whole of life. No sphere is left in which the thoughts and deeds of a Muslim - both in his personal and public life - are inconsequential to his fate in the hereafter. This is why Islam does not make a distinction between what is religious and what is secular, nor does it recognise division of authority between Allah and Caesar.

In Islam, only Allah is the Law-giver, because He is the Creator. Allah therefore owns everything. Caesar, a creature of Allah, has nothing, except what has been entrusted to him by his Creator. Thus, all aspects of life-religious, educational, social, political, economic and legal- have their legitimate place in the all­inclusive system of Islam. This is why Allah (SWT) calls upon Prophet Muhammad (SAW) to say:

“Verily, my prayer, my sacrifice, my living and my dying are for Allah, the Lord of the worlds”. (Qur’an 6: 162)

This means that the whole life of man in all spheres should be an expression of complete submission to Allah, the Creator of the universe.

Law in Islam:
In Islam, the kernel of the law is justice. This is why it is regarded as a sacred trust entrusted to learned people to dispense most sincerely and honestly. Islam places a high premium on knowledge and learning. In this connection Allah (SWT) says:

“He grants wisdom/knowledge to whom He pleases, and he, to whom wisdom is granted, is indeed granted abundant good ...” (Qur’an 2:269)

“We raise to degrees whom we will, but over all those endowed with knowledge is the All-Knowing (Allah)” (Qur’an 12:76)

“It is only those who have knowledge among His servants that fear Allah” (Qur’an 35:28)

I would like to congratulate our Muslim judges and lawyers for being among those whom Allah has given knowledge. They should regard their knowledge as a grace from Allah. They should show gratitude to Allah by utilising their knowledge well in the discharge of their duties. They should realise that the knowledge they possess is a test from Allah. In this connection Allah says:

“This is by the Grace of my Lord to test me whether I am grateful or ungrateful. And whoever is grateful, truly, his gratitude is for {the good of his ownself.” (Qur’an 27:40).

Since judiciary occupies a unique place in any human society, the Muslim judicial officers in the Bar and the Bench have a very important role to play in the application of the law. They must discharge their duties with the fear of Allah, justice and fair play not minding whose ox is gored. In this regard Allah (SWT) says:

“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your next of kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you avoid justice, and if you distort your witness or refuse to give it, verily, Allah is ever Well-Acquainted with what you do” (Qur’an 4: 135).

In performing their functions the Muslim judicial officers must follow due process and the rule of law. They should not make personal prejudices or hatred of others as basis for the dispensation of justice. This is why Allah (SWT) enjoins the believers as follows:

“O you who believe! Stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others make you swerve to wrong and depart from justice. Be just: that is next to piety; and fear Allah, for Allah is well-acquainted with all that you do”. (Qur’an 5:8)

Challenges of modern Nigeria:
There are many challenges which confront Nigeria as a modern nation. I wish to discuss two of these challenges which are very fundamental to our national development. These two challenges are (1) Corruption and (2) Lack of exemplary leadership.

Corruption:
Corruption has been defined in details in many anti-corruption workshops and conferences. For our purpose in this keynote address, corruption can be simply defined as any dishonest and immoral behaviour which is not in line with the generally. accepted standards. From this premise, corruption occurs when a person in a position of trust and responsibility, in defiance of prescribed norms, suppresses the rules to advance his personal interest at the expense of the public interest he/she has been entrusted to promote.

In the last two decades of Nigeria’s development as a nation, corruption has permeated almost every facet of our national life to the extent that all hopes of wiping out this endemic phenomenon in our body politic seemed to have been shattered. However, with the coming of the Obasanjo administration in 1999, the enthusiasm to fight corruption was rekindled through the establishment of the Independent Corruption Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC).

The devastating effect of corruption has created an unstable political environment which has made Nigerians a laughing-stock in the eyes of the international community. Principles of transparency, accountability and probity in government have been thrown overboard in the scramble to amass wealth. Ethics, values and respect for the rule of law have been relegated to the background. Inefficiency, incompetence, criminality and all sorts of vices which are bye-products of corruption have become the order of the day. In Nigeria corruption has gone further than taking or accepting bribes.

It has acquired the unhealthy trend of the lowering of ethical, professional, legal, economic and living standards. Thus, the basis of national development and good govemance has been undermined and weakened.

Measures to make war against corruption successful:
In order to make anti-corruption war successful and pave way for modern Nigeria, the three tiers of government need to create an enabling environment for fighting corruption at the federal, state and local government levels. Creating an enabling environment involves the following:

i) Prompt payment of workers’ salaries:
The Federal Govemment should ensure that workers’ salaries are paid promptly as at when due. The Govemment should also advise state and local governments to do the same in order to discourage serving public officers from engaging in corrupt practices. Prophet Muhammad (SAW) recommended that a labourer’s wage should be given to him/her before the sweat on his/her forehead dries up.

ii) Regular payment of pension to retired public officers:
Despite govemments efforts to fight corruption in the public servIce, the irregular payment of pension benefits to retired public officers tends to encourage serving officers to plan for their future by engaging in corrupt practices. Payment of pensions should be discentralised in such a way that every pensioner receives his/her pension in the local government that is nearest to his/her place of abode. Pension benefits should also be revised periodically in line with inflationary trends. Bad treatment of pensioners portends great danger because it sends wrong signals to serving officers.

iii) Strict enforcement of anti-corruption laws:
Anti-corruption laws should be strictly enforced. Persons found guilty of corruption should be made to face the wrath of the law. There should be no sympathy for them. Muslim judicial officers in the Bar and the Bench have an important role to play in this regard.

iv) Revival of our cultural and ethical values:
Before our slide into the current situation as a result of endemic corruption, our value system in Nigeria, especially before the advent of Europeans, was focused, just and result-oriented. At that time farmers would leave their farm produce along the road and buyers would pick the items and leave the money there to be colleted later by the farmers. Those were the days when houses did not require tall fences or protective devices, typical of maximum prison yards. Financial officers were transparently honest and judges and lawyers were incorruptible.

Those were the times when Nigerians care for their brothers irrespective of ethnic or religious affiliations. Every adult member of Nigerian society could discipline any erring child to the happiness of the child’s parents. The traditional and religious institutions were custodians of culture and moral values.

The people lived longer because there were less strains and stresses on them. The sense of communality was very much alive. There was peace, security and free movement of people in the different parts of Nigeria.