The agitation for entrenching and/or expunging of Shari'ah, the Islamic legal code within the Nigerian constitution has a long history. From the 1976 Murtala/Obasanjo Constitution Review Committee, to the 1986 CRC populated by former military President Ibrahim Badamasi Babangida, on to the 1998 Abacha constituted CRC, the issue of the need for the constitution to give nod for the Shari'ah legal code had permeated the debates of such committees leading to unnecessary controversies and exit of some faction to protest a stand.

As it appeared, almost all the delegates at various conferences became divided in support or against the inclusion of Shari'ah in the constitution. However, the likes of radical scholar, Dr. Yusuf Bala Usman of blessed memory, himself a delegate to the 1976/1977 CRC had dismissed the wrangling between the two major factions saying it was only a move to assert identity and avenge one's "people". According to the Balas, all the agitation amounted to "manipulation of religion for personal interest". The debate on the constitutionality or otherwise of the Shari'ah legal code since got the final nail in its coffin with the introduction of Shari'ah in Zamfara State by the then state governor, Alhaji Ahmad Sani Yarima Bakura exactly a decade ago. However, what seems to be rearing its head especially with the recent move by the National Assembly to amend the constitution is what may be termed a battle of supremacy. While it appears that there are some elements that are yet to take solace after the Sharia indoctrination, the pro-Sharia groups are also prepared to stir the waters. Insiders confirmed to LEADERSHIP that major forces within the pro-Sharia camp are itching to take centre stage with the Shari'ah agenda. Apart from the need to seek more power for the Shari'ah legal code in the new constitution which some persons have expressed, others are setting out to play the Shari'ah ticket for political prominence. The cornerstone of this, LEADERSHIP gathered is the political romance coming into the limelight between the former Zamfara State governor, Ahmad Sani Yarima and the incumbent Kano State governor, Ibrahim Shekarau. It was this Yarima/Shekarau alliance that is reportedly behind the National Conference on Shari'ah Implementation in Nigeria organised by Kano-based Centre for Promotion of Shari'ah and financed by the Kano state Government. The three-day conference which drew participants from the 'Shari'ah implementation states' was held in Kano. Most of the discussion at the conference revolved around the need for greater support and enforcement of the Shari'ah legal code. As controversial as ever, Ahmad Sani Yarima who is now a member of the Senate urged Muslims in the country to take hold of the current constitution review exercise to seek more backing for the Shari'ah in the constitution describing it as a good opportunity. The conference also came on the heels of a debate that ensued between former President Obasanjo and Ahmad Sani Yarima. Obasanjo who was quoted as saying that the reintroduction of Shari'ah was his major Achilles Heel during his tenure, also said Shari'ah has fizzled out as he promised it would. Sani on his part took a swipe at the former president as he placed advertorials in four prominent national dailies disputing Obasanjo's claim. It was another opportunity for the man behind the re-introduction of the Sharia in Nigeria, the former Zamfara State governor, Alhaji Ahmad Sani Yariman Bakura to open another can of worms on what he called his struggle to implement the Shari'ah when he chaired the opening ceremony of the Shari'ah conference in Kano. He said former President Olusegun Obasanjo had at various times threatened him over his stance on the Shari'ah implementation. Yarima claimed that Obasanjo had mobilized armoured troops from Kaduna State with an order to shoot on sight anybody that attended the Shari'ah promulgation ceremony. "Anybody who was there would recall seeing some traces of soldiers around the square." Yarima said.

He further confirmed that the then General Officer Commanding the Nigerian Army in the state had met him to intimate him on an order issued to him by the then Minister of Defense, General T. Y. Danjuma to halt the ceremony. Yarima also said he received a phone call from the former Vice President, Atiku Abubakar on the same order which Obasanjo had given before he left for America. "Atiku told me that he just saw Obasanjo off to the United States and when he returned home, he got a message signed by the President asking the Defense Minister to do anything possible to stop that event" he said. Yarima whose audience was visibly shocked by his revelations, said he had at the time, replied both the army GOC and the Vice President that God would protect the gathering from any such insurgency. The former governor explained that the Obasanjo's claim that Shari'ah would "fizzle out" has only reversed itself since the former president is the one who has "fizzled out".

Recounting his own ordeal with Obasanjo, the Kano state governor, Mallam Ibrahim Shekarau who said he had received a phone call from Obasanjo in the wee hours of his swearing-in for second term in 2007, alleged that the former president informed him that he (Shekarau) should ban anybody in Hisbah (Sharia implementation corps) uniform from the swearing-in ground. Shekarau recalled exchanging words with President Obasanjo over this directive which, the governor said, was unacceptable. "He said 'if you allow anybody in that uniform to attend the event, I will attack'" and I said, "Your Excellency, go ahead and attack but Allah is the best of all attackers" Shekarau recalled.

According to him, Obasanjo further instructed that even if the Hisbah corps attended the event, they should not be allowed to participate in the ceremonial parade alongside police and other paramilitary. Shekarau enthused; "However, God in His wisdom filled up the stadium with people that even the police could not move an inch for parade, not even the National Anthem could be heard." Welcoming the conference participants earlier, the National President of the Centre for Promotion of Sharia, Imam Aliyu Ibrahim Altukri who hailed the Shari'ah reintroduction under Yarima, described it as "a landmark in the post-colonial history of Islamic revivalism in Nigeria. In fact it changed the political landscape and gave politics a higher meaning and direction that raised the hope for and aspirations of Nigerian Muslims who have hitherto lost confidence in the inherited colonial legacy."

Altukri also listed some of the challenges bedeviling the Shari'ah implementation thus, "Non execution of judgments on hudud cases, pressure and negative campaigns from the secular international community and the so-called human rights groups, misconception and mischief about the Shari'ah from local Christian organizations and even from some moderate secular-minded Muslim, elite politicians". He added, "The legal battle between Kano State and the Federal Government on the legality or otherwise of establishing the Hisbah which is now before the apex court is a valid example of attempts to frustrate the good initiatives of the Shari'ah implementation process." The leader of the Centre for Promotion of Shari'ah also reminded the audience of the need to utilise the upcoming constitution review saying, "The current move for constitutional amendment should be a very convenient opportunity for Muslims to find lasting solutions to those constitutional issues that have hindered the smooth transition of Shari'ah legal process." This current atmosphere no doubt, evokes memories of the previous constitutional review exercises and also signals the opening of a new page in the Shari'ah debate and only time will determine whether Shari'ah will be enforced or not.