Muslims

Muslim-Muslim Ticket: An evolution

By Abubakar Usman Almajiri

The Christian Association of Nigeria, CAN, is more of an albatross to Christianity and Christians. The excessive aggression and confrontational behaviour of its ranks have always caused Muslims to rise, be on the alert, and engage in retaliation or reprisals. The latest in the reaction of Muslims to CAN intrigues is their response to the so-called Muslim-Muslim presidential ticket. 

In this same country, we have seen Generals Aguiyi-Ironsi and Yakubu Gowon rule with a Christian head and Christian 2iC. Not a single person raised an eyebrow. We have also seen a time when Moshood Abiola, a Muslim, contested with a Muslim 2iC and won. 

Today, Bola Tinubu has contested a Muslim-Muslim ticket just as a matter of winning strategy, not a religious sentiment. People within CAN who felt they should be the VP candidates, Babachir Lawal and co, went hey war. They rallied CAN and Christians against that. And they mislead Christians into the idea of a Christian candidacy that has just failed. 

The failure is not even the problem. The problem is in what translates to in the future. Nigerians will now openly engage in religious politics with all the dangers that spell. The atmosphere is already overcharged by that, and almost nothing can be done. 

Let us not forget that CAN, a religious minority in Nigeria compared to Islam, has always banked on the death of Muslim presidents to clinch power. 

President Umar Musa ‘Yaradua died in power under controversial circumstances. He was believed to have been poisoned. In any case, his choice to succeed General Olusegun Obasanjo was made after scrutinising the medical files of serving PDP governors under Obasanjo. The one who is most terminally ill, ‘Yaradua, was opted for. The objective was for him to die in power so a CANist could take over. 

CANists taking over is not a problem. The problem is always how they run governance in the most despicably lopsided manner. A manner that hurts and kills people of the North and Muslims. We have an example in Goodluck Jonathan’s regime. Also, in the Obasanjo regime.

Obasanjo has done the most heinous maltreatment of Muslims before him. He also attempted to extend his tenure beyond constitutional provisions. He attempted to change the constitution to favour his self-succession bid. When that failed, he searched for the most sickly Nigerian governor to hand over to so that power would return to him via his pawn. That happened. The pawn he had in place betrayed him but remained a CAN puppet. 

Boko Haram grew from an Obasanjo strategy to the monster it became under Jonathan. Via fight against Boko Haram, the beautiful and commerce burbling City of Bags was completely burned to ashes by Gen. Ihejerika under Jonathan. A civil war hero, Gen. Shuwa, was murdered cold-bloodedly in suspicious circumstances.

Jonathan, like Obasanjo, used the opportunity of inheriting the presidency under emergent situations to lure serving a governor in a Muslim-dominant state (i.e. Kaduna) with Vice Presidential positions so that their Christian deputies would become governors. 

That happened in Kaduna State with Vice President Namadi Sambo, who chose to accept the Vice-President position, paving the way for Patrick Yakowa. Yakowa ruled Kaduna state in the most lopsided manner. He rigged his re-election bid, and to protect his rule, the entire Muslim side of Kaduna was kept with soldiers and sandbags every inch. We lived like that for years until Yakowa died in a plane crash. Boni Haruna had the opportunity to run Adamawa state similarly. 

There were hues and cries, but I am unsure what happened there. 

CAN now has this strong penchant for having Muslim rulers die in office. The death of Yar’adua was openly celebrated even though he was a perfect gentleman. President Muhammadu Buhari almost died due to a suspicious ailment. The celebration began even before he died. And they kept expecting him to die. They even propounded the theory of ‘Jubril of Sudan’ to assert that he died and was exchanged. That’s how desperate they are. 

The Muslim-Muslim ticket would not have been in vogue it is without the desperate aggressions CAN employs.

I know many people who despised Kaduna’s Muslim-Muslim experiment and are now very happy with the National Muslim-Muslim ticket.

Abubakar Usman Almajiri wrote from Kaduna State.

Short-term gain, long-term pain

By Dr Raji Bello

Nigerians are not known for their ability to figure out the long-term consequences of their actions. This is a major national handicap since some choices which produce short-term gain could lead to long-term pain. For instance, in 1999, the governor of Zamfara state introduced a new social order in the state in defiance of the authority of the Federal Government of Nigeria. The new order spread across the northern states along with a strong wave of triumphalism. 

In the years that followed, groups of non-state actors across the country learnt something from what happened in Zamfara – that a group of determined people within a defined geographical area could defy the Federal Government and impose their will without any consequences. Inspired by this knowledge, a new Islamic militant group soon appeared somewhere in Yobe state, which later grew into Boko Haram – and the rest is now history.

Militants in the Niger Delta, who were also observing developments in the North, concluded that the Federal Government was indeed weak and its authority could be challenged without consequences. An insurgency soon took firm roots in the area. Many years later, young herdsmen around the country and secessionists in the Southeast also decided that it was time to take on the government and Nigerian society. Over 20 years later, long after the triumph of 1999/2000 has faded, we are still living with the pain of the chain of developments that it had sparked.

Once again, there is palpable triumphalism in the land. Our newly-elected Muslim-Muslim presidency has elicited exuberance in the Muslim community and foreboding on the Christian side. Prominent Muslims are already lining up to claim ownership of the president-elect and his religious identity. The Muslims are glad that the apparent consolidated Christian vote for Mr Obi has failed to achieve its aim. Christians, on the other hand, see their voting preference as justified because of the sheer brazenness of the APC in coming up with a Muslim-Muslim ticket right at the end of the two terms of a Muslim president who was not even known for respecting diversity in his appointments.

The 2023 elections will mark the time when the religious cleavage in Nigeria deepened to dangerous levels. In fact, the frontlines of the religious battle have already shifted to some upcoming gubernatorial contests. In Taraba state, the CAN has allegedly circulated a statement alerting Christians in the state of the impending battle while Muslim clerics all over the North have united in charging Taraba Muslims for the solemn task ahead.

Also, in Nasarawa state, there is a fear that the Labour Party could repeat its earlier presidential election feat and elect a Christian governor for the state. Other states like Plateau, Gombe, Adamawa, Kaduna, Niger etc, may also witness more hardening of intercommunal attitudes going forward. 

There will be even more foreboding on the Christian side when the practical elements of the Muslim-Muslim presidency begin to manifest. For example, media coverage will show both the president and vice-president of Nigeria at Eid prayer grounds while only the SGF or senate president will be left to lead the celebrations of Christmas and Easter.

The other multiplier effects of this new paradigm can’t even be fully imagined now. I expect that in the fullness of time when all the predictable consequences are playing out, the few discerning ones among us will ask, was Bola Tinubu’s Muslim-Muslim ticket really worth it in the long run?

Raji Bello writes from Yola, Adamawa State.

2023 Presidency: Muslim students organisation, MSSN, endorses Tinubu

 By Muhammadu Sabiu
 
The Muslim Students’ Society of Nigeria (MSSN) has endorsed the candidature of Asiwaju Bola Ahmed Tinubu in Saturday’s presidential election.
 
In a statement signed by its National Amir and released on Tuesday, the Muslim body noted that it would be a “deadly hypocrisy” for it to sit on the fence regarding the 2023 elections, adding that it would give its support to Bola Tinubu.
 
The statement reads, “In matters of great importance and unquantifiable consequence, at a critical point in our national history we cannot afford to sit on the fence. Where the general interest of the Muslim Ummah is at stake, silence becomes a deadly hypocrisy.
 
“Having said this, in view of the circumstances surrounding the general election which comes up across the nation on Saturday, it has become necessary to take a definite stand to stand firmly where we have reasons to believe, the candidate has the most coloration of our identity and capacity to bring about stability and progress in the areas of the economy, security, education, and other sectors to facilitate self-actualization for our members.
 
“After due consultations with leaders of the Society at various levels, members and elders, we have come to the sincere conclusion that for the presidential election Asiwaju Bola Ahmed Tinubu is the best candidate for the good of the Muslim Ummah and our members across the 19 states of the North. Come Saturday, February 25th, we are calling on all our members across the North, to come out en masse, to vote for the ticket that is completely Muslim – vote for Asiwaju Bola Ahmed Tinubu and Kashim Shettima as President and Vice-President of the Federal Republic of Nigeria, respectively.”
 
Mr. Tinubu, the presidential contender under the All Progressives Congress, APC, is contesting against three other major contenders, including Atiku Abubakar of the People’s Democratic Party, Rabiu Kwankwaso of the New Nigerian People’s Party, and Peter Obi of the Labour Party.

Religion and the 2023 presidential election: A quick take

By Muhsin Ibrahim

Religion was central to Bola Tinubu’s emergence as the APC’s candidate for the 2023 presidential election. We discussed the issue as if it would not end. Since the 1993 annulled election of Abiola/Kingibe (both Muslims), no major candidate and his running mate have ever come from the same religion until now: Tinubu/Shettima (both Muslims). But, as the election approaches (we are, in fact, counting hours), only a few people talk about that. However, religion will play a significant role in the voting pattern.

The wild popularity of Labour Party’s Peter Obi on social media and his appeal to foreign media has something to do with his religion. I know this may sound controversial, but it is so. The three other front candidates are Muslims, while Obi is Christian. Besides this, I can’t see a glaring difference between him and NNPP’s Engr. Rabiu Musa Kwankwaso per se.

Tinubu and PDP’s Atiku Abubakar are in their 70s, while Kwankwaso and Obi are in their 60s. The four leading candidates are stinking rich and belong to 1% of the Nigerian elite. Interestingly, the candidates represent Nigeria’s so-called major ethnolinguistic groups of Yoruba, Hausa and Igbo, alias WAZOBIA.

Though, there is a parallel between Obi and Tinubu. Many people will vote for them because of their religious identities. I learned that many churches, especially in the North, had ordered their members to vote for Obi. Likewise, the faith-based civil liberties organisation Muslim Rights Concern (MURIC) recently “reminded Northern Muslims of their promise to support a Southern Muslim [i.e. Tinubu] in the 2023 presidential election”.

Given the above, I agree with some observers and analysts that Obi may surprise his critics, such as myself, in the upcoming election. The votes from his Christian brethren and others supporting him for other reasons will make a difference. However, Tinubu has many more advantages – being APC the ruling party and his decades-old political footprints, among others.

Anyway, we hope for the best and pray for peaceful elections. But, please, stay away from violence. Your safety should be your most treasured possession. No politician or political party is worth dying for.

With love from a disenfranchised Nigerian citizen.

Muhsin Ibrahim works and lives in Cologne, Germany and can be reached via muhsin2008@gmail.com.

Polygyny: The silenced narrative of an added wife

By Khalilah Yahya Aliyu

Nothing like polygamy has been grossly abhorred and misunderstood in marriage, especially among women. It trends both ways, be it positive or negative, with the latter being blown out of proportion – leading to an intense phobia for women young and old.

Please note that we Muslims don’t practice polygamy. What we are allowed to practice is polygyny. The difference here is that in polygamy, both men and women are allowed to have multiple wives or husbands, respectively, while polygyny refers to a husband taking more than one wife, four to be precise. So, I will use polygamy for this article.

The piece will be dominated by my point of view, garnished with some spicy personal experiences. Writing this has been difficult because I felt as though I was laying bare a part of my soul. After going through numerous articles and books on polygyny, I realised that much attention is given to the perspective of the first wife or existing wives. Their fears and insecurities when confronted with polygyny and ways to overcome them were discussed in detail. Therefore, the added wife is left to nurse her worries and insecurities alone as it is being treated as non-existent.

During my secondary school days, we did ask ourselves questions regarding polygyny, and we all wanted to be the first wife. This position to our understanding back then, comes with these benefits:

Societal empathy towards the first wife, with the man and his new wives, considered wrongdoers, conspiring to destabilise the existing wife’s life.

You enjoy the man’s prime years and resources, which translates to more attention and care. You get a clearer understanding of the man’s personality as a husband, having spent more years with him and his close and extended family.

Being his first and as humans, we tend to get sentimentally attached to our first of everything, be it a child, car, job, etc.

Those are a few of the benefits. They could be more or less depending on the person and the current situation. All these made me crave that position, too, to the extent of being willing to welcome co-wives so that I could hold on to the bragging rights of knowing him first. Well, fate has an entirely different story lying in waiting for me.

I met this amazing man. I have always been an incurable romantic at heart, placing emphasis on those zings and sparks you feel when you meet someone you share a strong chemistry with. “This here is the man of my dream,” I exclaimed to myself. The feelings were mutual; I am sure you will be like, “why didn’t you get married right away” as it is the only legal way to have a relationship with non-Mahram. It wasn’t that easy because here I am, a not previously-married young lady from a monogamous home presenting a married man as a suitor to her family. The more the number of wives, the more difficult it is for our parents to accept the man as a spousal choice for their girls. In my case, it was even wives, not a wife, an unsurmountable wall, it seemed.

As parts of the tenets of our Deen, we must accept “qadr”, otherwise known as the divine decree, regardless of how it comes. I drew strength from this and presented him as my choice. During the waiting period before the wedding, I was riddled with nerves and bouts of insecurities. This shows that added wives, too, have fears. What if the other wives are better looking, cooks and humans than I am? No day passes without my heart racing faster when I think about what lies ahead. Your intentions might be noble, but you can’t say the same about the other parties with the recent ugly trend of co-wives harming one another. The what-ifs were actually numerous, including the ability of our husband to treat us fairly.

I channelled the energy generated by these fears into finding a better version of myself, seeking religious knowledge and reading more on human psychology to understand better the tricks of maintaining a healthy relationship between humans—anything on polygyny I devoured keenly to better prepare for what lies ahead. Marriage is a lifetime journey, and no preparation is termed too much. So when I felt ready, armed with prayers and all I have learnt, I plunged bravely into it and “Alhamdulillah”, it was not as difficult as I envisaged.

Though no amount of preparation is adequate when reality finally hits, coping mechanisms are needed to maintain a healthy relationship when jealousy glares its ugly head. A naturally occurring phenomenon, even our mothers, the wives of our noble prophet (S.A.W), were not spared. Feeling bouts of jealousy is normal, but borrowing a leaf from how our role models, Mothers of the Faithful, dealt with theirs will keep this strong emotion in check. How you handle this emotion can make or break you. I try to always look at a person as a human first, and no matter how jealous or angry I get, I will try my best to treat the person humanely. No one is worth your “Iman” I repeat, never lose your “Iman” over anything. Keep striving to maintain a better version of yourself. Study your co-wives because understanding their temperaments will make it easier for you to relate with them accordingly. It might not lead to friendship per se, but an amicable relationship is assured.

Plus, always remember that humans are dignified creatures, and every soul has its unique form of beauty. As a famous saying goes, “beauty is in the eyes of the beholder” sister, you are beautiful. Indulge in many positive affirmations, eat healthy, exercise, and maintain positive hygiene to boost your self-esteem should you ever feel your co-wives are better.

Contrary to popular belief of competition between co-wives, you are there to compete with no one; be yourself and try as much as you can to support and not bring them down. Remember, as your sisters in Islam, you owe them that. Banters will be thrown, especially that of knowing him before you did or you coming to marry their husband. He was never meant for them alone; it was decreed that he would marry you all in the manner or order he did. You have the same right as any of them, but this shouldn’t make you disrespectful. Support your spouse; it takes a lot of spunk and sacrifice to maintain a wife and talk more about wives.

Personally, polygyny has been a blessing. Ask pizza lovers; having a slice of it is better than not having a taste at all. I wouldn’t have been able to enjoy the good moments with the man of my dreams if it wasn’t legal for him to marry me too.

Regardless of being the first or last, we are all advised to make it work. Equip yourself with what it takes to build a peaceful haven or sanctuary for yourself, your husband, and everyone visiting your home. He is yours; make every moment count. It is not how much time is spent but how qualitative it is. To the added wife, know this, you are brave and unique, and you’ve got nothing to fear. Be yourself, and I wish you the best.

Khalilah Yahya Aliyu writes from Kaduna and can be reached via khalilah20@gmail.com.

Pastor faces backlash for bringing AK-47 to church

By Ahmad Deedat Zakari

The presiding pastor of an Abuja church, Pastor Uche Ugbe, has brought himself to great disrepute and backlash after he took gun to the church on Sunday.

Pastor Ugbe, while on the altar addressing christian faithfuls, had an AK-47 dangling from his shoulder.

He was reported to have said he came to church prepared because some people are looking for his trouble

However, his action do not sit well with many Nigerians and they have taken to different social media platforms to lambast him.

Abdullahi O. Haruna, a journalist and public affairs analyst, described his action as insensitive.

Haruna said, “Yes, he is not a security guy,
He is a pastor wielding unabashedly this weapon of death, to a congregation that had children, exuberant youths, not minding the sensitivity. He reigns with such impunity. Don’t worry, this is Nigeria. Anything goes…”

Another Facebook user, Nasir Muhammad Salis, said, “I can’t fathom the high level of panic or tension some people will ignite in the country if this was Sheikh Gumi or Sheikh Pantami. But now, they are ignoring it. I don’t see, in my view, any justification for this childish dramatic action!”

Other persons have described him as silly, childish and attention-seeking.

As at the time of writing this report, the Christian Association of Nigeria (CAN), is yet to comment on the illegal possession of firearm by the pastor.

Interestingly, the Nigerian Police Force has also been conspicuously silent on the issue.

How Harvard University sponsored students for Umrah

By Muhammad Jameel Yusha’u, PhD

On Friday, I spent the early morning hours participating in a boot camp on negotiation. It was part of the effort of Professor Rand Wentworth to build the capacity of his students in negotiation. The boot camp was facilitated by Monica Giannone.

Immediately after the boot camp ended at 12 pm, my friend Alibek Nurbekov and I proceeded to the Friday prayer. As I was about to enter the prayer hall, Dr Khalil Abdur-Rashid was also arriving. Dr Khalil is the Muslim Chaplain at Harvard University and teaches courses at Harvard Kennedy School and Harvard Divinity School.

“Sheikh Khalil, welcome back from Umrah,” I said as he made his way into the prayer hall.

“Good to see you, Jameel. I need to talk to you after the prayer,” he said, and I nodded in agreement.

Dr Khalil led a group of students and other members of the Harvard Community to participate in Umrah, the lesser Muslim pilgrimage, where Muslims visit Makkah and perform the Umrah rites. They also visit Prophet Muhammad’s (PBUH) mosque in Madina and other historical places in the Kingdom of Saudi Arabia.

I came to know about the Harvard Umrah trip during the welcome orientation for students led by Dr Khalil last year at the beginning of the fall semester. He announced that some donors had provided scholarships for Muslim students to attend the pilgrimage, and he played a video for us on the experience in 2019 when they went on a similar voyage. Many students pledged to join the group for the trip in January.

Organising trips to different countries is a common tradition at Harvard University during the January break. Many trips were organised to Brazil, Singapore, Mexico, Saudi Arabia and more. The Harvard chaplaincy also utilised the break to organise the Umrah from 4th-14th January 2023.

Quoting Dr Khalil, The Harvard Crimson reported that “a generous donation from a graduate of Harvard Business School and a parent of two current Harvard undergraduates allowed the University to offer the trip at no cost to first-generation, low-income Muslim students. The donation for this year’s trip reportedly totalled approximately $100,000.”

As the Friday prayer finished, I waited patiently for Dr Khalil. As he came out, he asked me to walk towards his car. He brought a gift from the car and handed it to me. “This is a gift from the Umrah.” His wife Samia, who is also the female Muslim Chaplain, said, “it is a little gift for your girls.”

I thanked them in appreciation and headed home to enjoy the rest of the evening with my family. You can find the full story on the Harvard Umrah trip entitled “Spiritually Stimulating: Harvard Students Embarked on First Umrah Trip in Four Years.” (https://lnkd.in/et_dEBer).

Takeaway: Spiritual well-being is important in helping students to have a balanced educational experience.

Muhammad Jameel Yusha’u, PhD, is a candidate for a Mid-Career Master’s in Public Administration at Harvard University, John F Kennedy School of Government. He can be reached via mjyushau@yahoo.com.

Be your parents Sadaqatul Jariya

By Tijjani Muhammad Musa

I left the house without taking breakfast or even a bath in order to meet an 8:00 am appointment with the rest of our SWS.Comms production crew. A client has brought in an advert for emergency production and airing on the radio against an event scheduled to take place the next day, Saturday morning, by 10:00 am after the monthly Sanitation exercise.

The heavy traffic of Adaidaita Sahu, private vehicles, motorcycles, and so on State Road was highly discouraging as I turned into it from Maiduguri Road. Quickly calculating my other options, I thought of taking alternative routes to steer me away from the delay most likely to occur if I should get trapped in the traffic mess.

However, thinking positively and hoping for the best, I still drove into the snailing jam of vehicles. Soon, however, I saw an opening on the side of the road accommodating a trickle of cars and the ever-daring tricycle riders. Now being in a bit of a hurry, I instinctively branched into that flow. 

This gave me and many others the opportunity to cut off almost three-quarters of the “go-slow” that was caused due to road repairs, maintenance and renovation work going on on the roads as a result of adverse effects of heavy rainfall witnessed in the city in recent time. 

So many of the roads in the metropolis have turned into shallow graves and potholes, forcing many drivers to demonstrate their driving skills and dexterity, with pedestrians expressing their anger and annoyance once in a while from getting splashed with dirty potholed rainwater.

As I slowly snake through the engaging challenge, turning my head side to side to check the distance between me and the line up of tricycles to my left, I suddenly saw her in one of the Adaidaita and couldn’t help but stare. While briefly looking at it, I at that same time sensed myself being stared at. So I checked to see who was poring his or her eyes over me.

It was a much younger woman sitting next to the person who had caught my rapt attention. Clearly, she was wondering why my face lightened up and suddenly saddened again upon seeing the old woman sitting calmly by her side. 

To douse her fears, I lowered my car window, pointed at the old woman and loudly said, “She reminds me of my mother, who is now late. May her soul be blessed and rest in peace.” I whispered the supplication to my hearing only.

The younger woman, now relaxed and with a slight smile, said, “Allaah Sarki. Allaah Ya jik’anta da rahama” and I said, “Amin thumma amin” as tears wheeled up my eyes. I quickly got hold of myself as I averted the gaze of both the woman as well as the okada rider, whose attention had now turned to me.

I looked at the old woman intently once again and realized that she didn’t actually look like my Hajia in any way except for her height and the frail, wrinkled body characteristic of old women in their octagenarian stage of life. She was looking absent-mindedly into a future that none could tell what it was her mind’s eye was seeing or thinking.

Once again, tears overwhelmed me, for I could remember clearly the same kind of look on the face of my mother. She didn’t want to die due to the uncertainties that lay ahead. But then, none can avert its coming to pass, as it is a promise that must be fulfilled.

This is because Allaah AWJ Says in the Qur’an, “Kullu nafsin za ikatul maut” – Every soul must taste of death (Q3:185). So we all must eventually bow out. When, where, why, by what or how none of us knows. Thus by the 1001 ways and more to die, we all must become deceased.

I felt for her as I did feel for Hajia then whenever I saw that worrisome look registered on her face. I would immediately want to do something to distract her attention so as to change her mood for the lighter from such disturbing thoughts. 

Suddenly without thinking, I reached into the pigeon hole in front of my dashboard and fetched out some money I usually keep there in case of an emergency and asked the Adaidaita rider how much was the cost of the ride. He told me, and I handed much more than the amount to him, telling him to give her the change.

The old woman looked at me and smiled. She was pleased with what I did and waved her two palms at me in thanks, and all of a brief flash, I saw my mother in her. It was a beautiful sight. The younger woman with her was also happy and prayed fervently for me as I drove off.

Then by Allaah SWT, the dam broke, and I started crying, in the wonder of what my mother might be going through, wherever she might be at that moment. There and then, I started praying to Allaah AWJ to please forgive her, whatever wrong she might have done while alive and bail her from anybody’s haqqi if she has done them wrong. 

That my Lord and Maker should please compensate whoever she owes, whatever it might be and set her soul free in Barzakh, pending when she will be admitted into Jannah and His AWJ’s much sought after Grace. Fortunately, I’ve dreamt of her 3 times already. She’s doing alright, bi iznilLaahi.

In one of such dream, we were at an occasion with Prof. Yusuf Adamu, and she came to the place. So I excitedly introduced her to him. As he respectfully greeted her and started thanking her for me, she said to him, smiling, “A’a haba ai mu ne da godiya”. More tears tore into my composure like a small child.

I had to stop myself as passersby were beginning to stare at me, wondering and whispering to each other what they thought was wrong with me. Though I never liked the idea of tinting off my car windows since I have nothing to hide, for a change, I wished I had done so, so I could indulge and enjoy my emotional outburst in full privacy. 

It’s not every day that such grace from Allaah happens to me. Anyway, I pray that all our parents who have died be in better existing conditions, wherever they may be right now than when they were here living on earth. 

May all other mothers and fathers be similarly forgiven for their wrongs, mistakes and shortcomings. Allaahumma amin thumma amin.

A look at the Kano Hisbah Board law vis-à-vis Nigerian Constitution

By Rabi’u Muhammad Gama

Introduction

The Kano State Hisbah Board (hereinafter referred to as “the Board”) has been an object of controversy, particularly on social media, for quite some years – probably right from the inception of the Board. The controversy usually surrounds the way and manner by which the Board, or more properly, the foot soldiers of the Board (the Hisbah Corps), carry out its, supposedly, statutory responsibilities (functions), ranging from matchmaking, reconciling civil disputes between persons and/or organisations, seizing and destroying bottles of alcohol, imposing a certain mode of dressing on people to waylaying young people, especially males, when they seem to have a certain objectionable hairstyle considered to violate Islamic morals.

Even though some historical accounts of the philosophical underpinnings behind the evolution of Hisbah will be very rewarding for a better appreciation of the topic, this article restricts its scope to the constitutional status and the functions of Hisbah as provided for in the Kano State Hisbah Board Law No. 4 of 2003.

The Constitution of the Federal Republic of Nigeria

The Constitution of the Federal Republic of Nigeria, 1999, (hereinafter referred to as “the Constitution”) is the Supreme Law of the Land. It is the Law over and above which there is no other law. As such, if any other law, either deliberately or by necessary implication, happens to be inconsistent with the provision of the Constitution, the Constitution shall always prevail, and that other law shall, to the extent of its inconsistency, be void and of no effect whatsoever. See Section 1(1)(2)(3) of the Constitution.

The Constitution is not only the Biggest Law of the Land, but it is also the  Fountain Law of the Land from which all other laws flow. It (the Constitution) distributes legislative powers between the federal and state legislatures. Section 4(1) confers on the National Assembly(which comprises the Senate and the House of Representatives) the power to make laws for the whole country or any part thereof. Section 4(6) likewise empowers the State House of Assembly to make laws for the state or any part thereof. However, these powers are to be exercised within some certain constitutional limits: the National Assembly cannot legislate outside the Exclusive Legislative List and the Concurrent Legislative List, while the State House of Assembly cannot, and shall not, trespass upon the Exclusive List. This clear distribution of powers forms the foundation of the debate as to the legality of the Hisbah Board Law, but that should be a topic for another day.

In response to the then prevailing circumstances and mounting agitation for the reintroduction of Shari’ah in the State, which was sparked by the reintroduction of Shari’ah in Zamfara State, the Kano State House of Assembly exercised the powers given to it by Section 4(6) of the Constitution by enacting a law known and cited as “The Kano State Hisbah Board Law No.4 of 2003, which brought the Hisbah Board into existence.

The Hisbah Board Law

The Kano State Hisbah Board Law, 2003 (hereinafter referred to as “the Law”) came into force precisely on the 7th  day of November 2003. The law is relatively short: it has 17 Sections only. Section 3(1) of the Law establishes for the State “…a Board to be known as the Kano State Hisbah Board”. “This Board”, says Section 5 of the Law, “shall be responsible for general policy-making as well as coordination of activities between State and…Local Government Hisbah Committees”.

Section 7(1) of the Law empowers the Board to establish the State “Hisbah Corps”, who, according to the Section, may be eligible for appointment as Justices of Peace. By virtue of Section 7(2), the Corps so established shall be under a Commander who shall be appointed by the State Governor. And the duty of the Commander of the Corps, by virtue of Section 7(3), shall be the general administration of the Corps.

According to Section 11(1) of the Law, the Board shall have a Secretary who shall be appointed by the State Governor. The Secretary to be appointed shall be a legal practitioner with not less than 6 years of post-call experience. That Secretary shall be both the legal adviser and the head of the legal department of the Board.

It is important to assert, at this juncture, that the Kano State Hisbah Board, in spite of the raging debate going on in the legal cycle, is a legal and lawful organisation/institution which is duly and validly created by the Kano State House of Assembly pursuant to Kano State Hisbah Board Law No.4 of 2003. See also the case of Yahaya Farouq Cheɗi v. A.G Federation (2006) 13 NWLR (Pt.997) 308  (CA).

Duties of the Hisbah Corps

The Hisbah Corps, created by Section 7(1) of the Law, is the most active arm/department of the organisation. The Corps is the foot soldiers and the chief executor of the responsibilities of the organisation. For the sake of clarity and precision, below are the functions, or rather, responsibilities of the Hisbah Corps, as provided for under Section 7(4) of the Law. According to the said Section, the Hisbah Corps shall have responsibilities to:

Render necessary assistance to the Police and other Security agencies; encourage Muslims to unite in their pursuit of justice; encourage kindness to one another; advise against acquiring of interest, usury, hoarding and speculation; encourage charitable deeds, particularly the payment of Zakkah; give advice on moral counselling; encourage orderliness at religious gatherings; encourage general cleanliness and environmental sanitation; reconciling of civil disputes between persons and/or organisations where parties are willing; assisting in traffic control; emergency relief operations; assisting in any other situations that will require the involvement of Hisbah.

Anything other than the above is beyond the statutory functions of the Hisbah Corps. This begs the question: can the Hisbah Corps give itself powers or functions that are not given to it by its enabling law? The answer is “No”! And one fundamental thing that can be deduced from the above functions is that the Corps seems not to have any “actual power” to execute anything. The Law seems only to empower the Corps to “advise”, “encourage,” and “assist”, nothing concrete and definite! The Hisbah Corps clearly has no power to arrest, detain, waylay or force anybody to do anything against his or her will. The Law could not be clearer, and it is there for all to see.

Conclusion

The Constitution of the Federal Republic of Nigeria, 1999, is the first and the ultimate law of the country, the Grundnorm of the Land, so to speak. It creates and empowers the Kano State House of Assembly to make law for the peace, order and good government of the State or any part thereof. It is in the exercise of these powers that the Kano State House of Assembly made the Kano State Hisbah Board Law No. 4 of 2003, which brought into existence the Kano State Hisbah Board. The Kano State Hisbah Board Law, 2003, also creates the Hisbah Corps and empowers it with some specific functions and/or responsibilities.

It is the view of this writer that any act, no matter how noble or well-intentioned, done by the Board or the Corps must be in accordance with the provisions of the Kano State Hisbah Board Law, 2003; otherwise, the act is illegal, unlawful and ultra vires. And where an act of the Hisbah Board, or the Hisbah Corps,  happens to be in conformity with the Kano State Hisbah Board Law, 2003, but not in conformity with the Constitution of the Federal Republic of Nigeria,1999, or any other law validly made by the National Assembly, then the Constitution, or the law of the National Assembly, shall prevail and that act stands unlawful and illegal, no matter how religiously rewarding or well-intentioned the act is. See the case of Musa v. INEC (2002) LPELR-11119 (CA).

Rabi’u Muhammad Gama is a Law student; he writes from the Faculty of Law, Bayero University, Kano, BUK. He can be reached via rabiuminuwa327@gmail.com.

Chinese woman converts to Islam in Nigeria 

By Ibrahim Mukhtar 

A Nigeria-based Chinese woman accepted the religion of Islam at the palace of the Emir of Machina in Yobe State. 

The woman who was at the palace with her fiancé explained that no one forced her to accept the religion—she wanted Islam on her own conviction. 

After she took the Kalimatu al-Shahada from His Highness, the Emir of Machina, she was asked to choose the name she wanted.

The Daily Reality learned that she chose “Fatima” based on the advice given to her by her fiancé. 

Fatima was observed to have been happy and relaxed alongside all those with her in the Emir’s palace.