Effect of judgment on Islamic law delivered by a Judge who is not versed therein
By its nature, Islamic law abhors a Judge not learned in its proceedings toiling with the sacred law. This is why it is mandatory under the Islamic legal system that only a man well versed in the science of Islamic jurisprudence should be made a Judge. Therefore, if a person or Judge is ignorant of Islamic law, his decision on Islamic law is a nullity. Also, if a Judge or panel of Judges adjudicates in Islamic law while not knowledgeable in that law and not aided by an assessor who is learned in the law, a decision therefrom is a nullity. However, if the Judge receives advise from an assessor learned in the law, the decision will be valid. In the instant case, there is nothing on record to show that the panel of Judges of the high court in the instant case is learned in Islamic law. There is also nothing in the record of proceedings that the panel was assisted by an assessor who is learned in Islamic law. In such a situation, even where the high court rightly assumed Jurisdiction in a dispute touching on Islamic law (outside Islamic personal law).
AUTHORITY
ZIZA Vs. MAMMAN
(2002) 5 NWLR (Pt. 760) 243 C.A
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Islamic Law Digest 