By Aisar Fagge

The Ulama Forum in Nigeria is greatly concerned and saddened over the perpetual killings of innocent lives going on unabated in Nigeria, especially in the North West of the country in recent times.

The forum disclosed this in its press release signed by its secretary, Engr. Basheer Adamu Aliyu, on Monday, December 13, 2021, and sent to The Daily Reality today, Thursday, December 16, 2021.

The statement reads: “Our hearts bleed over the dastardly and inhuman act of burning alive of 23 passengers in Sokoto state. Other equally sad losses of lives that were witnessed in Niger, Kaduna, Zamfara and Katsina states over the last one week are heart touching, frustrating and to say the least unpardonable. It is highly inconceivable how bandits and terrorists move about freely in the land, committing heinous acts and atrocities unchecked by the power of government and its security agencies.”

“The terrorists have desecrated all religious, human and universal values and indeed, they have lost their faith and humanity; they must be confronted head-on with might and power. We most strongly urge the Federal Government of Nigeria (FGN) to sit up to its responsibility of protecting the lives of Nigerian citizens. It would be recalled that in the year 2020, out of similar concern over the deteriorating trend of insecurity, the Ulama Forum had advanced nearly a dozen suggestions to the governments at all levels so as to curb the Boko Haram menace, banditry and other security challenges facing the Northern region.”

“It is sad to note that most of our suggestions were ignored and security situation in the country has been moving from bad to worse,” the Forum lamented.

“Based on the foregoing, we would like to once more urge the FGN to re-assess its security strategies and spending with a view to unfolding a more holistic and all-inclusive approach. We believe that divine intervention is a most potent weapon against the bandits, insurgents and their collaborators.”

“To this end, members of the Forum have resolved to devote themselves to alqunut (special prayer in times of turmoil) during each prayer session. Similarly, special prayers should be observed in Madaaris (Islamiyyah Schools) and other places of gathering.”

“We pray to Allah to give our leaders the listening ears to hear the cries of its weak, terrorised and terrified citizens, particularly in the North. May they have the wisdom, will, determination and ability to do the needful and ensure peace and security in the land. There is no power or strength save in Allah,” it concluded.

The release was endorsed by its members such as:

Prof. Mansur Ibrahim (mni), Sokoto; Dr. Bashir Aliyu Umar, Kano; Dr. Abubakar Muhamad Sani B/Kudu, Jigawa; Dr. Khalid Abubakar Aliyu, Kaduna; Prof. Muhammad Babangida Muhammad, Kano; Dr. Said Ahmad Dukawa, Kano; Prof. Salisu Shehu, Bauchi; Prof. Ahmad Bello Dogarawa, Kaduna; Amir Abdullahi Abubakar Lamido, Gombe; Dr. Ibrahim Adam Omar Disina, Bauchi; Prof. Ahmad Murtala, Kano; Sheikh Tijjani Bala Kalarawi, Kano;

By Aliyu Yakubu Yusuf

By Abdurrahman Muhammad

The North-West Governors Forum, led by Governors of Katsina Aminu Bello Masari and his Kano counterpart, Dr Abdullahi Umar Ganduje, on Wednesday donated the sum of fifty million naira (N50,000,000) to the 23 families of the victims of last week’s gruesome attack in Sokoto.

The governors presented a cheque to their counterpart, Governor Aminu Waziri Tambuwal, at the Sokoto State Government House.

The governors prayed for the repose of the souls of the deceased.

On November 8, 2021, bandits shot at a bus conveying travellers from Sokoto to Kaduna. They, later on, set the bus on fire, killing all the passengers.

Local reports put the number of the victims as 42 while the Sokoto government says they were 23.

By Zayyad I. Muhammad

Firstly, the military has been stretched doing other ‘peoples’ jobs’  the military is tackling the terrorist bandits at the ‘surface’- see and kill, while the root causes still remain. The military is not a policing institution. The Nigerian Army is under intense pressure to fill security gaps. Security experts say, globally military involvement in crime-fighting is problematic practically because they are not trained to do so.

Secondly, the police which are trained to uproot the causes of this kind of criminality, deal with it at the surface & seal the seals, are handicapped beyond tolerance level- the police are underfunded, ill-motivated, under-equipped, and neglected. If the Nigerian police can get half of what it needs, they will tackle the bandit terrorists from end to finish. The police are superb in gathering intelligence from primary sources because the police are everywhere and trained to do so.

Thirdly, it seems, President Muhammadu Buhari is so much relying on a bulk information-first line of information ( service chiefs) he should also get information from the second and third levels- field commanders and local communities dwellers. If he is doing it, he should seek more. Though, the presidency on December 12^th, 2021 said “Alongside military force, the government is seeking to address the violence at its economic source. Massive infrastructure projects like the coastal rail and new train from the southern coast through the north-east to our neighbour Niger, aim to expand employment and opportunity across the country, bringing hope to our more remote and poorer regions where bandits and terrorists thrive”

Fourthly, Governors, security votes and benefits- some officials of government who in one way or another benefit from the opaque security vote system will always work hard to make sure bandits’ Terrorisms continue- it’s a business. some state governors are doing their best, but some of their officials may be sabotaging their efforts.

Fifthly,  communities social disorder- abject poverty, the death of community-living, everybody for his own has also contributed in oiling recruitments into the banditry business- this problem was as a result of one thing- the hijack of the local government system by the governors and state legislators. LGAs are the best sources to cater to the need of local people- when this source is no more, local people start searching for new sources to survive. Though, sheer criminality and materialism among some Fulbe including the international proliferation of small arms are also factors

According to a report by American Security Report (ASP)-  ‘Banditry in northwest Nigeria has become an appealing method of income in the region where weak governance, youth unemployment, poverty, and inequality have left people with depleted options for livelihood. Security services are often understaffed and lack the proper resources to effectively combat banditry. Vast areas of unregulated forests allow for easy concealment, and police and military forces have difficulty penetrating the rough terrain. In addition, under-policed borders have aided the proliferation of small arms and light weapons’ amongst bandit groups’

Bandits Terrorisms have reached the red level- the problem now requires a holistic approach – new and already established effective methods must be implemented to tackle the problem from the root causes. For example, academics and security experts have done some excellent research on the cause of banditry in the northwest and other regions, the intelligence community can use it for early warning and intelligence gathering.  Furthermore, the firing angle must be backed by more funding of the police by the federal government. Intelligence, accountability, selflessness, and national interest must also be a priority as well.

With pain and anguish, I decided to make this communication with your soul, which I believe is resting well. I must confess that I do not know you personally, as I was not born when you held sway as the Premier of the defunct Northern Region. However, I have heard so much about you from my late father. He narrated stories about how you conducted your political activities geared towards our region’s progress.

Today, things are no longer at ease in Arewa. The land of our great ancestors is in chaos and anarchy while life has become nasty, brutish and short. Arewa has been turned to a killing field by terrorists with the blood of innocent people crying for vengeance. The elites that took over the mantle of leadership from you have destroyed all that you laboured to build. They live in luxury and great comfort while most people are dying in poverty and hunger. Their children study in Ivy League schools in the West with public funds and return home to take the best jobs while the children of the poor are roaming the streets and eating from the dust bin. Many families can no longer eat three meals per day, as good food has become a luxury. The cost of living has continued to rise with stagnant wages.

Sardauna, you are known as a warrior who strived hard during your era to emancipate the poor by ensuring that parents sent their children to school, which was free those days. Your late daughter Hajiya Aishatu, whom I interviewed at her residence in Sokoto in 2013 during my stint with THISDAY Newspaper, spoke extensively on how you carried all along and worked tirelessly to ensure unity in the north irrespective of tribe or religious affiliation.

It is no longer at ease at the moment. The children of the poor that you trained free with the resources of the Northern region before Nigeria’s independence, and those who came after them, have ruined your efforts. They have become feudal lords and turned out to enslave us. They have sold all the assets that you and other great northerners toiled to build over 60 years ago, while organisations you set up like the New Nigerian and textile industries in Kaduna, among others, have all collapsed. They not only mismanaged these organisations but also destroyed your legacies. Many people in northern Nigeria have been homeless and are currently in IDP camps, frustrated and dehumanised. They have been sacked away from their villages by terrorists while vast agricultural lands have been left fallow without any farming activities.

Today our region is littered with many orphans and widows whose husbands have been hacked to death by bandits. We have so many children (Almajiris) roaming the streets without any future while the elites do not care. Some of the Almajiris, neglected by the society, lack basic education and opportunities, unleash terror on the society that neither cared for them. Your grandchildren no longer have access to what the people you earlier trained free in some foreign institutions enjoyed a few decades ago. Today the children of the poor no longer have access to quality education, as they study in dilapidated primary and secondary schools. At the same time, the political elites send their children to study in private schools both locally and overseas.

The painful aspect of this is that they now packaged a man without empathy and presented him to us as a messiah in 2015. Our people heeded the call and voted him into power, believing that he would usher us into prosperity. Since then, our region has never known any peace. Bandits have taken over our major roads in the north, especially Abuja-Kaduna road, kidnapping people for ransom. Families have been compelled to sell their properties to raise money for ransom. These hoodlums kill their victims, especially those whose families cannot pay the ransom, while their remains are thrown away in the forest.

Similarly, our farmers in rural areas can no longer go to their farms in peace for fear of being killed. Those who managed to plant their crops could not harvest them, as the crops were set ablaze by these urchins. The agricultural foundation of the region is being destroyed while those at the helm of affairs do not care.

Inequality is at its peak in Arewa. The political leaders are using politics and religion to balkanise our society. In fact, as a journalist who worked in the region for over a decade, I had it on good authority from a reliable source that some politicians are behind the killings in Arewa. I am, indeed, aware that you did not amass any wealth before your death. But the people that came after you have stolen our commonwealth and used the funds to purchase mansions and exotic houses in London, New York, Paris, Switzerland, Malaysia, Dubai and other top cities in the world. They do not care if our region goes up in flames because they believe they have a place to hide in case of an outbreak of war.

Today our people are being killed daily by primitive herdsmen while our women are raped indiscriminately in remote communities. The political elite in cahoots with the traditional rulers have neglected a large segment of the society. The clerics who are supposed to serve as a beacon of hope for the masses have been compromised. They have become silent and afraid to speak out for fear of the unknown. Those Islamic scholars, who had the courage to speak, admonished our youth not to protest but engage in fervent prayers. Allah will come down to fight our battle if our youth refuse to take action.

The painful aspect of this is that even the activists who protested a few days ago to create awareness about the ongoing genocide by Fulani bandits in rural areas of Sokoto, Zamfara, Katsina, Nigeria and other northern states have been threatened by the officials of the Department for State Security Services (DSS). So, who will fight for the poor and downtrodden and fight for the orphans and widows?

Our people have become hopeless. The issue that has been bothering me is what the Arewa dream is? Of course, it won’t be easy to answer at the moment. An average Arewa youth is just focused on marriage. That is the dream for many of our youth. Illiteracy, drug abuse, unemployment has become recurring decimal. Is our society on the brink? Are we heading towards a state failure? Who will rescue our people and wipe away our tears? Should we take the law into our hands or hearken to the voice of reason? What is the way out of this misery?

History will always be kind to you, Sardauna, as all and sundry adore you due to the sacrifice you made for the development of Arewa. However, history will not be kind to the present crop of leadership in Arewa, as they have mismanaged your legacies and our patrimony, thereby plunging millions of our people into misery. May you continue to rest in peace, and I pray Almighty Allah to forgive your mistakes and grant you Aljannah Firdaus.

Yours sincerely,

Aminu Mohammed

The writer is at the school of Sustainability, Christian-Albrechts Universität zu Kiel Schleswig Holstein, Germany. He can be reached via gravity23n@gmail.com.

By Rabiu Muhammad Gama

For a start, protest is something that you do to show publicly that you think something is wrong and unfair. Protest is an expression of disapproval; it’s done in different forms and on any day; it can be verbal or physical or via social media. In a democratic society like Nigeria, protest is an effective and legitimate tool, usually the only tool, that citizens can use to express their displeasure concerning some government measures or policies publicly. For example, when the government fails to discharge its duties, the citizens can hit the streets to register their grievances against the government. The nagging question, which this article sets out to answer, is: must people get a permit from a state governor or the Police Commissioner before convening a protest?

The Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the fundamental law of the land. It is the law on top of which there is no other law. It is over and above any law, body or authority. It has been aptly submitted that the Constitution of any country, and don’t forget Nigeria is still a country, is the embodiment of what the people desire to be their guiding light in governance – their supreme law – the “grundnorm” of all their laws.

By virtue of Section 1(3) of the 1999 Constitution, any law, and that ‘any’ does mean ANY, that is inconsistent, or in conflict with a provision of the Constitution, that law is invalid and utterly useless due to its inconsistency with the Constitution. Please, permit me to draw an analogy; whenever there is a boxing match in a ring (read: court of law) between the Constitution and any other law, the referees (judges) always rule, and will undoubtedly continue to rule, in favour of the Constitution. No law can knock out the Constitution, no matter how strong and powerful its muscles are. The Constitution always prevails.

The Constitution provides for Fundamental Human Rights, precisely from Section 33 to Section 44, and these sections are in Chapter Four of the Constitution. These Fundamental Human Rights are simply those Rights that every human is entitled to simply because he is human. Therefore, these Rights cannot be taken away or restricted except in full compliance with Section 45 of the Constitution and some other relevant provisions therein.

Section 39 and Section 40 of the 1999 Constitution provide for the Right to Freedom of Expression and the Right to Freedom of Association and Peaceful Assembly, respectively: merging these two Sections gives us the Right to Protest. In the light of the foregoing, it is safe to submit that Right to Protest is a Fundamental Human Right that is clearly guaranteed and enshrined by the 1999 Constitution. Hence it cannot be restricted by anybody, including the DSS or the Police, or rather particularly the DSS or the Police. It is only the Constitution that can restrict that Right.

Before 2005, there was one undemocratic federal law (Act) that was dripping with dictatorship and some leftovers of colonialism mentality, the Public Order Act. The Law (Act) was initially promulgated as the Public Order Decree 5 Of 1979, and it later became an Act of the National Assembly under Section 274 of the 1979 Constitution. Sections 1 (2) (3) (4) (5) (6), 2, 3 and 4 of the Act required intending protesters to get a permit from the Governor (he can delegate the powers to the Commissioner of Police) of the state where the protest is to be held before they can protest. When the Governor, or the Commissioner of Police as the case may be, thinks that the protest is likely to disrupt public order, he can refuse to issue the permit.

However,  in the celebrated case of IGP v. ANPP (2008) 12 NWLR 65 when Malam General Muhammadu Buhari (as he then was) and his then political party, the ANPP, lost the presidential election in 2003 to Olusegun Obasanjo, requested the Inspector General of Police (IGP) by a letter dated 21^st May 2004, to issue police permits to their members to hold unity rally throughout the country to protest the alleged rigging of the 2003 election. The request was refused.

General Buhari and the rest of them organised the rally without the permits. As a result, there was a violent disruption of the rally organised in Kano on 22nd September 2003, on the ground that no police permit was obtained as required by the Public Order Act. The Federal High Court invalidated the provisions of the Act that required a Police permit before a protest is staged on the ground of their being inconsistent with the provisions of the Constitution, particularly Section 39 and 40, and Article 11 of the African Charter on Human and People’s Rights ( Reification and Enforcement) Act, Cap. 10, Laws of the Federal Republic of Nigeria, 1990.

On appeal, the Court of Appeal also affirmed the decision of the Federal High Court. Right from the Federal High Court, the learned trial judge relied on the decision of the Supreme Court of Ghana in the case of New Patriotic Party v. Inspector General of Police (1992 – 93) GBR 585 – (2000) 2 HRLRA 1 where it was aptly submitted that:

“Police permit has outlived its usefulness, statutes requiring such permits for peaceful demonstrations, processions and rallies are things of the past. Police permits is the brainchild  of [the] colonial era and ought not to remain in our statute books.”

That was how the Court sent those unconstitutional provisions of the Public Order Act to their eternal grave. By the way, it may interest you to know that by virtue of Section 83 (4) of the Police Establishment Act, 2020, where a person or an organisation CHOOSES to notify the police of his or its intention to hold a public meeting, rally or a procession on a public highway, the police officer responsible for the area where the rally will take place shall mobilise personnel to provide security for the rally! The police or the DSS have no powers whatsoever to stop or restrict the Fundamental Right of Nigerians to freedom of expression and assembly once those rights are exercised within the ambit of the law.

As the law stands today, no police permit is required before staging a protest in Nigeria. The right to protest is a Fundamental Human Right given by the Constitution, which cannot be taken away or restricted except in accordance with the provisions of the Constitution.

Rabiu Muhammad Gama is a Law student from Bayero University, Kano (BUK). He can be reached on 09061912994 or via rabiuminuwa327@gmail.com.