El-Rufai Bans Shiite Group Movement in Kaduna
The Kaduna State Governor Nasir El-Rufai has
banned the Shiite religious group, the Islamic
Movement of Nigeria (IMN).
A statement by El-Rufai’s Special Assistant for
Media and Publicity, Samuel Aruwan, said: “The
Kaduna State Government has issued an Order
declaring the IslamicMovement in Nigeria (IMN)
an unlawful society. This action is taken in the
exercise 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 conductand with due allegiance to the
Nigerian state and its Constitution.”
Below is the full text of the Kaduna State
government’s order:
Kaduna declares Islamic Movement in Nigeria
an unlawful society
The Kaduna State Government has issued an
Order declaring the Islamic Movement in Nigeria
(IMN) an unlawful society. This action is taken
in the exercise 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 stateexecutive 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: public safety, public
order, public morality or public health; or 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.
Signed
Samuel Aruwan
Special Assistant to the Governor (Media and
Publicity)
7th October, 2016
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