Inibehe Effiong

Permit me to begin this legal discourse by expressing unreserved gratitude to the Special Assistant on Media and Publicity to the Governor of Kaduna State, Samuel Aruwan, for furnishing me with the electronic copy of the Kaduna State Religious Preaching Bill 2016 which is currently before the Kaduna State House of Assembly for consideration.

Aruwan commendably exuded responsibility by granting my request for a copy of the bill within 24 hours of request. On his own volition, he equally forwarded copies of the Regulation of Religious Preaching Edict No. 7 of 1984 and the Regulation of Religious Preaching (Amendment) Edicts No. 1 of 1987 and No. 6 of 1996 respectively, which according to him, are the precursors to the 2016 bill. Such admirable responsiveness to the public and sense of duty is a rarity in the contemporary Nigerian public service.

I need to caution that this piece may be suitable for people who are impatient with scholarship and intellection. Readers should kindly indulge the detailed and long narrative nature of this essay. It is irresistible given the serious nature of the subject matter.

Before dissecting the Kaduna State Religious Preaching Bill 2016 (hereafter referred to as ‘the Bill’), it is imperative to examine the history and substance of the Regulation of Religious Preaching Edict No. 7 of 1984 (subsequently referred to as, the 1984 Edict’) and the amendments made thereto in 1987 and 1996.

The 1984 Edict was promulgated by the then Military Governor of Kaduna State, Air-Commodore Usman Muazu, on July 17, 1984 following the Maitatsine riots in some parts of Northern Nigeria at the time. The edict provided among other things, for the mandatory licensing of preachers. It also restricted the playing of religious cassettes to homes, banned the use of abusive language against any person or religious organisation or religious leader. The edict expressly prohibited the playing of tapes containing religious recordings in public places, the use of loudspeakers for religious purposes other than in a Church or Mosque, the abuse of religious books and the use of such expressions as “infidels,” “non-Islamic,” or “pagans” in describing other religious groups.

The penalty for violating the 1984 Edict was two years imprisonment with an option of fine.

On March 9, 1987, the then Military Governor of Kaduna State, Lt. Col. Abubakar Umar, amended the 1984 Edict and expunged the option of fine and extended the term of imprisonment upon conviction to five years.

On November 25, 1996, Lt. Col. Hamid Ibrahim Ali, the military administrator of the state at the time further amended the 1984 Edict by limiting the validity of a preaching licence in Section 7 (c) of the edict to a period not exceeding six months subject to revocation at any time.

For a better appreciation and understanding of the issues under consideration, the contents and provisions of the bill will be reproduced seriatim in all material respects.

The bill has 15 sections. The long title to the Bill states that it is “a Bill for a Law to substitute the Kaduna State Religious Preaching Law, 1984” (the 1984 Edict). Essentially, this implies that the bill is intended to replace the 1984 Edict mutatis mutandis (necessary changes having been made).

Sections 1 and 2 of the bill provide for the citation and commencement clauses. Section 3 is the interpretation section. Section 4 recognises Islam and Christianity as “the two major religions in the State” (sic) and establishes three committees to regulate them. Namely: (a) A committee of Jama’atu Nasir-Islam with equal representation of Izala and Darika religious groups in the case of Muslims; (b) A committee set up by the Christian Association of Nigeria in the case of Christians. (c) The inter-faith ministerial committee to be appointed by the Governor.



The membership of the ministerial committee is stipulated in Section 4 (2) to comprise the following: (i) A Chairman to be appointed by the Governor on the recommendation of the Secretary to the State Government; (ii) The Special Adviser to the Governor on Internal Security; (iii) The most senior adviser to the government advising the Governor on inter-faith matters; (iv) A member representing the Jama’atu Nasir-Islam and the Christian Association of Nigeria; (v) A representative of the Ministry of Justice; and (vi) One representative each from the Nigerian Police, the Department of State Services and the Nigerian Security and Civil Defence Corps not below the rank of Superintendent of Police of its equivalent.

Section 5 of the bill mandates committees of the Jama’atu Nasir-Islam and the Christian Association of Nigeria to issue licences to preachers as approved by the ministerial committee. A licence shall be issued for a period not exceeding one year. “A sponsored external preacher shall be issued a permit for the period of the event.” (sic). Section 6 (1) of the bill establishes in each local government area “a committee to screen applications for licences and recommend same to the ministerial for approval. (2) The committee shall consist of the following members:- (a) the Chairman and Co-Chairman each representing; the two major religions to be appointed by the Governor on the recommendation of the Local Government Chairman of the Area (b) a representative of the Police not below the rank of Assistant Superintendent of Police; (c) two Muslim, one representing the Izala and Darika religious groups respectively (d) two representative of Christian Association of Nigeria”.

The committee established in each local government area under Section 6 supra (above) is mandated by Section 7 of the bill to “ensure compliance with the terms of the licences so issued, and register accredited preachers of all religious groups and organisations operating in the Local Government Area.” Provided that the permit to be issued to the licensed preachers shall specify the duration or the number of occasions it is to be used.

According to Section 8 of the bill, “The Kaduna chapter of the Jamaátu Nasil Islam and the Christian Association of Nigeria shall have and keep records of the Churches and Mosques including the data of all its preachers in the state.”

To be concluded on Friday

Effiong, a constitutional lawyer and the Convener of the Coalition of Human Rights Defenders, originally wrote this piece for SaharaReporters. inibehe.effiong@gmail.com

http://www.punchng.com/kaduna-preaching-bill-resolving-the-constitutional-controversy-1/

Waiting patiently for Friday. Kudos

sleazy5:
Waiting patiently for Friday. Kudos

I will keep you updated

Yimu

Zet72:
Yimu

Meaning?

some of my handout no plenty reach dis write-up.... I no fit read abeg

Craze is Crazy

What relationship does this have with beans and rice, food for the poor..

greatiyk4u:


Meaning?

Please stop quoting me, you irritate me so much. I find it quit unbelievable and discomforting that a full blooded igbo man is in support of buharis lopsided government. A man who unequivocally made it clear that he has no regret and wouldn't mind killing another 3million igbos to maintain the statusqquo and keep lord lugards experiment going.

I was expecting to see a thread from u, lamenting and berating buharis army on the callous and wicked way they treated and arrested your village folks. Simply because they protested the destruction of their farmland and homes by fulani herders, however, it seems enugu state have they own "omenka" in you, which is quite pathetic.

it's well

Zet72:

Please stop quoting me, you irritate me so much. I find it quit unbelievable and discomforting that a full blooded igbo man is in support of buharis lopsided government. A man who unequivocally made it clear that he has no regret and wouldn't mind killing another 3million igbos to maintain the statusqquo and keep lord lugards experiment going.

I was expecting to see a thread from u, lamenting and berating buharis army on the callous and wicked way they treated and arrested your village folks. Simply because they protested the destruction of their farmland and homes by fulani herders, however, it seems enugu state have they own "omenka" in you, which is quite pathetic.

Take it easy bro, being full blooded Igbos doesn't stop us from having our individual differences..is hating BUHARI now a criteria for being more Igbo than others?....instigating every Ndi-Igbo to hate Buhari because of stereotype is what I still consider a crude ideology......................

I am the type that calls a spade a spade, human beign without Law and order are animals and that is why the Bible put it thus; "the heart of man is desperately wicked"........no tribe in Nigeria is free from crime of different kinds.....though I condemn in strong terms the wicked activities of the herdsmen in Nigeria but am sure Buhari has no hands in it........

Where were you when the Spate of kidnapping was unimaginable in the south-East? Did u associate that with GEJ? What of Omatse killings that consumed many of our security officers in Nasarrawa state during GEJ regime?

Gov. Ugwuanyi has wadded into the case as the chief security officer of the state and many of us are following closely to understand the root cause of the problem...

Just understand it wch way it suits you because. Everything in life is all about perspective, dog is a pet to some people while it is a delicacy to others........life itself is a game that unfolds itself at its own pace.

Regulation of Religious Preaching Edict No. 7 of 1984 and the Regulation of Religious Preaching (Amendment) Edicts No. 1 of 1987 and No. 6 of 1996 respectively, which according to him, are the precursors to the 2016 bill.


We are in a democracy and not in a military dictatorship

greatiyk4u:



Take it easy bro, being full blooded Igbos doesn't stop us from having our individual differences......instigating every Ndi-Igbo to hate Buhari because of stereotype is what I still consider a crude ideology......................

I am the type that calls a spade a spade, human beign without Law and order are animals and that is why the Bible put it thus; "the heart of man is desperately wicked"........no tribe in Nigeria is free from crime of different kinds.....though I condemn in strong terms the wicked activities of the herdsmen in Nigeria but am sure Buhari has no hands in it........

Where were you when the Spate of kidnapping was unimaginable in the south-East? Did u associate that with GEJ? What of Omatse killings that consumed many of our security officers in Nasarrawa state during GEJ regime?

Gov. Ugwuanyi has wadded into the case as the chief security officer of the state and many of us are following closely to understand the root cause of the problem...

Just understand it wch way it suits you because. Everything in life is all about perspective, dog is a pet to some people while it is a delicacy to others........life itself is a game that unfolds itself at its own pace.

This is what I'm talking about. Most of the venom directed at Buhari stem from nothing but sheer hatred for his person as a Muslim and a Northerner and for his defeat of their preferred candidate in an election.

Most of the tragedies being experienced pre-date the admin and these people NEVER blamed Jonathan for any of those- in fact, when it came to failures in government, they rather blamed the ministers which led me to ask the question back then: what exactly can we hold Jonathan accountable for??

Today, a guy walks around, trips over a stone and they want me to blame Buhari because I'm a Christian while he's not. Imagine the dude you quoted saying they've found "another me in you", disappointed that you could sound the way you do even though you are Igbo. That is the herd mentally most of them have. How could a supposed educated adult hold fast unto such primitive mentality??

I've told them a million times over, I will never hate anyone on account of their tribe or religion, and their blackmailing me with all that Fulani crap (as though it started in this regime when we saw the worst of it under Jonathan) only strengthens my resolve to support Buhari even more. I told them I'm a rebel by nature, the opposite of what you desire from me is what you get when you push me too hard.

Hmmm

Happy New Month Nairalanders

No fit read n d tin no come complete again, hia!

We'll see..

What's really the issue in this bill?

LadyExcellency:
Regulation of Religious Preaching Edict No. 7 of 1984 and the Regulation of Religious Preaching (Amendment) Edicts No. 1 of 1987 and No. 6 of 1996 respectively, which according to him, are the precursors to the 2016 bill.


We are in a democracy and not in a military dictatorship

That is why they are trying to amend it to suit the requirements of the current contemporary democracy.

Pls OP summarize this long Epistle

Zet72:

Please stop quoting me, you irritate me so much. I find it quit unbelievable and discomforting that a full blooded igbo man is in support of buharis lopsided government. A man who unequivocally made it clear that he has no regret and wouldn't mind killing another 3million igbos to maintain the statusqquo and keep lord lugards experiment going.

I was expecting to see a thread from u, lamenting and berating buharis army on the callous and wicked way they treated and arrested your village folks. Simply because they protested the destruction of their farmland and homes by fulani herders, however, it seems enugu state have they own "omenka" in you, which is quite pathetic.

never mind dear, not all claimed ibos are ibo. Ibo ma ebe ha si bido

God left Africa long time ago, we're just messing simple things up.

Good this article is on FP

Section 5 of the bill mandates committees of the Jama’atu Nasir-Islam and the Christian Association of Nigeria to issue licences to preachers as approved by the ministerial committee. A licence shall be issued for a period not exceeding one year. “A sponsored external preacher shall be issued a permit for the period of the event.” (sic). Section 6 (1) of the bill establishes in each local government area “a committee to screen applications for licences and recommend same to the ministerial for approval. (2) The committee shall consist of the following members:- (a) the Chairman and Co-Chairman each representing; the two major religions to be appointed by the Governor on the recommendation of the Local Government Chairman of the Area (b) a representative of the Police not below the rank of Assistant Superintendent of Police; (c) two Muslim, one representing the Izala and Darika religious groups respectively (d) two representative of Christian Association of Nigeria”.

The committee established in each local government area under Section 6 supra (above) is mandated by Section 7 of the bill to “ensure compliance with the terms of the licences so issued, and register accredited preachers of all religious groups and organisations operating in the Local Government Area.” Provided that the permit to be issued to the licensed preachers shall specify the duration or the number of occasions it is to be used.

According to Section 8 of the bill, “The Kaduna chapter of the Jamaátu Nasil Islam and the Christian Association of Nigeria shall have and keep records of the Churches and Mosques including the data of all its preachers in the state.”

Here is my main problem with the bill.....CAN and JNI are not necessarily neutral bodies.

In my opinion....a Ministry of Religious Affairs would be better suited to license preachers in Kaduna.

But that in itself opens another can of worms.

Nigeria.....

"I told them I'm a rebel by nature, the opposite of what you desire from me is what you get when you push me too hard".................Omenka

I am inspired by this quote.

LadyExcellency:
Regulation of Religious Preaching Edict No. 7 of 1984 and the Regulation of Religious Preaching (Amendment) Edicts No. 1 of 1987 and No. 6 of 1996 respectively, which according to him, are the precursors to the 2016 bill.


We are in a democracy and not in a military dictatorship

Tell that to the land use act and all the other laws currently in force that emanated from the military regimes.

Religion is really a big issue.

Thanks for this. I wait patiently for part two. I really need to understand what all this noise is about.

I support this bill in every part of Nigeria because it will reduce religiosity which is fundamentalism. Nigeria is a secular state and it is highly religious. Religiosity could be dangerous as we've noticed with our Islamic north. This bill tends to reduce religiosity but not religion.

So you can practice your individual religion without imposing it on anyone else. Thats the sense I see in the bill and I must say its good thinking by el rufai. I now believe that other governors truly asked for a copy.

I wish that every day of this new month bring us lots of reasons to smile and to celebrate Happy new month

That man is very stupid afterall.
referring to 1984 and 1996, are we suppose to go backward or go forward?

Reserve my comment