Case Review: Maimuna Mohammed& 5Ors vs Nike Mohammed& Or (Court of Appeal, Kano Division • CA/IL/SH/11/2022 • Judgment delivered 23 August 2024).
The dispute arose from the estate of Major Mohammed Arogun Adeniyi, a Muslim army officer who died intestate in 2020 and was buried according to Islamic rites. His family situation was complex. He had first contracted a statutory (church) marriage with a Christian woman, Evangelist Olabisi Mohammed, with whom he had a daughter, Nike. Later in life, he also married two additional wives under Islamic law, and had children from those unions. His military entitlements of ₦36,000,000 were paid to his daughter, who had been listed as his next of kin, along with vehicles and other property.
After his death, the two Muslim wives approached the Upper Area Court in Ilorin, seeking reliefs that the estate be distributed under Islamic succession law. The first wife, who was married under the Marriage Act, challenged the court’s jurisdiction, insisting that because she was his only “legal” wife under statutory law, the estate fell under the Administration of Estates Law of Kwara State. The Upper Area Court disagreed and assumed jurisdiction. On appeal, however, the Sharia Court of Appeal reversed that ruling, and held that the statutory marriage triggered statutory succession rules. This further led to a second appeal—this time to the Court of Appeal (Kano), which ultimately restored the jurisdiction of the Upper Area Court.
Understanding the Core Legal Question.
The central issue was simple but profound: What law governs the estate of a Muslim man who, at some point, contracted a Christian statutory marriage, but lived and died as a Muslim with additional Islamic marriages?
Behind this question lies the tension in Nigeria’s plural legal system. The Marriage Act embodies English-style monogamy and statutory succession. Islamic personal law (Sharia), on the other hand, regulates the family life of Muslims, including marriage, death/burial and inheritance. The Court had to decide which of these takes precedence since the deceased’s life straddles both systems.
The Court’s Reasoning
The Court of Appeal made its position clear: the estate of a Muslim who died intestate is governed by Islamic personal law, regardless of having contracted an earlier statutory marriage. What determines the applicable law is the person’s faith at death not the form of one marriage entered into at some point in life. Three legal principles shaped this conclusion.
First, the Administration of Estates Law of Kwara State explicitly exempts estates governed by Islamic law. The exemption targets customary marriages overridden by statutory ones under Section 35 of the Marriage Act—but Islamic marriages are fundamentally different. The Court reaffirmed that Islamic Law is not a form of “customary” law; it is a complete religious legal system, universal and non-tribal, as recognized in the Supreme Court decision of Alhaji Ila Alkamawa v. Alhaji Hassan Bello & Anor (1998) 6 NWLR (Pt. 552) 582.
Second, the Court stressed that choosing a statutory marriage does not amount to renouncing Islam. Islamic law remains binding on a Muslim unless the person renounces the faith. There was no evidence that the deceased ever did so; on the contrary, his conduct i.e multiple Islamic marriages, religious life, and Islamic burial proved the opposite.
Third, the Upper Area Court had unquestionable jurisdiction to distribute a Muslim’s estate under Islamic Law. The High Court cannot adjudicate Islamic personal law matters under the 1999 Constitution.
On all fronts, the Court of Appeal held that the Sharia Court of Appeal was wrong to deprive the trial court of jurisdiction. It restored the Area Court’s authority to adjudicate on the estate and allowed the appeal.
Why the Marriage Act Overrides Customary Marriages—but Not Islamic Marriages
One of the most important insights from this decision is the Court’s clear distinction between customary marriages and Islamic marriages. The Marriage Act has a long-standing rule: if a person contracts a statutory marriage, any subsequent customary marriage becomes invalid. But Islamic marriages are not treated as customary marriages.
The reason is theological and legal: Islamic law is a complete system of personal law recognized by the Constitution and applicable to Muslims as a matter of faith, not tribe or custom, because of this:
i. A statutory marriage can void a later customary marriage.
ii. But a statutory marriage does not extinguish the effect of Islamic law on the life and estate of a Muslim.
iii. Nor does it prevent Islamic succession rules from applying if the person lived and died as a Muslim.
This distinction is vital for Christian women who marry Muslim men under the Marriage Act. While the statutory marriage protects the woman’s marital status, it does not dictate how a Muslim man’s estate will be distributed if he remains a Muslim at death and died intestate. Under Islamic law, all wives and children even from Islamic marriages contracted after the statutory union, remain entitled to inheritance.
Insights for Christian Women Married to Muslim Men
This case carries deep lessons for Christian women who marry Muslim men under the Marriage Act. Many believe that the statutory marriage guarantees exclusive marital rights and exclusive inheritance rights. But as this judgment shows, the reality is more nuanced.
The law ultimately prioritizes the deceased’s religious identity at death, not the form of marriage at entry. If the man continues to live as a Muslim: marrying additional wives under Islamic law, practicing the faith, and being buried according to Islamic rites—his estate will be shared according to Islamic inheritance rules. In practical terms, this means a Christian first wife becomes one heir among several others, not the sole or primary beneficiary.
What this case demonstrates is not discrimination but the legal system’s respect for religious identity. It also shows the importance of clarity. When spouses do not share the same faith, the question of succession should never be left to assumption.
A Christian woman married to a Muslim under the Marriage Act should therefore understand that her husband’s faith—not the statutory marriage—determines succession. Without a will, Islamic law will govern distribution. This may come as a surprise, but it is consistent with Nigerian law and the constitutional protection of religious freedom.
Practical Guidance
Mixed-faith couples should consider proper estate planning—wills, declarations of intent, and legal advice tailored to Islamic and statutory frameworks. Where a Muslim husband wishes to provide specific protections for his Christian wife or children, he must express these intentions clearly through estate documents. Otherwise, Islamic inheritance rules will apply automatically, dividing the estate strictly among all heirs ie wives and children.
Conclusion
Maimuna Mohammed & 5 Ors v. Nike Mohammed & Or, is a defining reminder that in Nigeria’s plural legal system, a Muslim’s personal law prevails in matters of inheritance, regardless of a prior statutory marriage. For Christian women married to Muslim men, it underlines the importance of understanding how religious identity shapes succession and why statutory marriage does not override Sharia in estate matters.
In the end, the law mirrors the life lived and when that life is lived as a Muslim, Islamic law guides what happens at and after death.
Discover more from The Legal Trove
Subscribe to get the latest posts sent to your email.
The Legal Trove 