The Court of Appeal in Kano has delivered a significant ruling, determining that the inheritance of the late Major Mohammed Arogun Adeniyi, a Muslim who was married to a Christian woman under the Marriage Act, must be governed by Islamic law. This decision affects the division of his estate among his surviving heirs, including his daughter Nike and her Christian mother, as well as the children from his other marriages to Muslim wives.
According to reports, Nike, the daughter of the deceased, received ₦23,588,000 in gratuity and other benefits. However, she has refused to share these funds with her agnate siblings, arguing that her mother’s civil marriage should influence the distribution of the inheritance.
Justice Muhammed Lawal Shuaibu, leading the panel of judges, affirmed that Islamic law applies to the estate of a Muslim, even if he married a Christian under the Marriage Act.
The case, referenced as Appeal No: CA/IL/SH/1/2022, overturned a previous decision by the Sharia Court of Appeal of Kwara State, which had sided with Nike and her mother, Evangelist (Mrs.) Olabisi Mohammed, ruling that the estate should be governed by the Administration of Estates Law of Kwara State, rather than Islamic law.
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Major Mohammed Arogun Adeniyi passed away on October 18, 2020, at the Nigerian Army Barracks in Kainji, Niger State. His burial followed Islamic rites, and he was survived by his parents, multiple wives, and children.
Nike, listed as the next of kin in the records of the Nigerian Army, received the sum of ₦23,588,000, which included the deceased’s emoluments, insurance, gratuity, and other entitlements. However, she was reluctant to share these funds and properties with the other heirs, prompting a legal dispute.
The appellants, including the deceased’s other wives and children, initiated legal action at the Upper Area Court, arguing that the estate should be distributed according to Islamic law. Evangelist (Mrs.) Olabisi Mohammed, Nike’s mother, was later added to the suit as a co-defendant. She contested the jurisdiction of the Upper Area Court, asserting that because she was married to the deceased under the Marriage Act, only she and her children should inherit the estate, as per the Administration of Estates Law of Kwara State.
The Upper Area Court, however, dismissed this objection and ruled that Islamic law was applicable. Dissatisfied with this outcome, Nike and her mother appealed to the Sharia Court of Appeal of Kwara State, which reversed the Upper Area Court’s decision, siding with their argument that the Administration of Estates Law should apply.
Unhappy with the Sharia Court of Appeal’s ruling, the appellants took their case to the Court of Appeal. The crucial issue before the Court was whether the estate of a Muslim who married a Christian under the Marriage Act should be governed by Islamic law or the Administration of Estates Law.
In a unanimous decision, the Court of Appeal, led by Justices Muhammed Lawal Shuaibu, Abubakar M. Lamido, and Ahmed R. Mohammed, restored the earlier ruling of the Upper Area Court, confirming that the estate of the deceased, who lived and died as a Muslim, should be distributed in accordance with Islamic law, regardless of his civil marriage to a Christian.