Kaduna State Government has issued an Order declaring the Islamic
Movement in Nigeria (IMN) an unlawful society. A statement by Governor
Nasir El-Rufai’s media aide, Samuel Aruwan, the decision was taken as
part of the government’s duty to preserve peace and security in the
state, and to ensure that all persons and organisations are guided by
lawful conduct and with due allegiance to the Nigerian state and its
Constitution.
The Kaduna state executive council approved the
making of this order following deliberations at its meeting of Thursday,
06 October 2016.
The Order, which has been signed by the Governor, draws on powers vested
by the Constitution and the laws of Kaduna State. Section 45 (1) of the
Constitution categorically vests in the Governor the powers to take
such measures and actions as are necessary for the promotion and
protection of:
i. public safety, public order, public morality or public health; or
ii. the rights and freedom of all persons in Kaduna State.
Section 97A of the Penal Code (Cap 110, Laws of Kaduna State, 1991)
empowers the Governorto declare as an unlawful society any organisation
whose activities are dangerous to the security and good governance of
the state.
The Judicial Commission of Inquiry into the Zaria Clashes of 12-14
December 2015 found that the IMN is not a registered organisation, that
it has a paramilitary wing and that its members do not recognise or
respect the laws of the country and the duly constituted authorities
that have the responsibility to secure and administer the country.
The Declaration Order noted that since the regrettable events in Zaria
which resulted in the loss of 347 lives, the IMN “has overtly continued
with unlawful processions, obstruction of public highways, unauthorized
occupation of public facilities including schools without regard to the
rights of other citizens and the public peace and order of the State”.
The Order noted that “these acts, if allowed to go unchecked will
constitute danger to the peace, tranquility, harmonious coexistence and
good governance of Kaduna State”.
The Declaration Order, which comes into effect on Friday, 7 October
2016, provides for the prosecution of persons that may be in breach of
its provisions under the laws of Kaduna State:
“Whoever manages, or is a member of the said Society under any
appellation or mutation with the propensity of causing the breakdown of
law and order, or operates in a manner dangerous to the good governance
of the State shall, from commencement of this order, be prosecuted in
accordance with the Laws of Kaduna State.”
Sections 97A and 97B of the Penal Code prescribe a penalty of
imprisonment for seven years or a fine or both for any person convicted
for belonging to an unlawful society.
The Kaduna State Government reaffirms its vigorous commitment to
upholding the right of citizens to practice the religion of their
choice. These are rights fully protected by Sections 38 and 40 of the
Constitution.
Such rights to freedom of thought and worship must however be exercised
in ways that do not infringe on the rights of others, and should not
subject other people to distress and inconvenience.