Nigerian Eye

Facts About The Kaduna State Religious Preaching (Regulation) Law 2019

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By Muyiwa Adekeye 
 
Kaduna State’s new law to regulate religious preaching outlaws the use of religion for incitement and encourages respect for the rights of others and compliance with the law in the practise of faith. 
 
The new law is yet to be signed by the governor, but it is expected to help return religion to the private sphere, encourage respect for the religious rights of other people and reduce the potential for conflict. The amended law is viewed by experts as another strong effort to remove impediments to religious freedom, as it will allow people to safely focus on the spirituality and rigours of their faith, while removing the poison of incitement, desecration of places of worship and the use of derogatory language. 
 
The Kaduna State House of Assembly commendably passed the executive bill to regulate religious preaching in the State. Since 1980, Kaduna State has had too many incidents of ethno-religious violence, often with tragic consequences. Many mixed neighbourhoods in Kaduna, the State capital, have since the 1980s become exclusive enclaves of adherents of specific religions. 
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In 1987, religious riots broke out from the College of Education, Kafanchan, and spread to other parts of the State, including Kaduna and Zaria. In 2000, Kaduna metropolis exploded over the Sharia matter, taking many lives and property. Zamfara which birthed the Sharia movement was untouched. 
 
While Kaduna is not the only state that has suffered religious violence, it has paid the heaviest price, apart from the states at the epicentre of Boko Haram terrorism. Leaders of faith must possess the necessary prerequisites, certifications and approvals for responsibly discharging their vital spiritual roles. It is in the social interest for the practice of faith to be conducted in a tolerant manner that respects public safety and the rights of others. 
 
In 2015, Malam Nasir El-Rufai began efforts to remove the dangers that may arise from irresponsible religious preaching. He proposed amendments to the Regulation of Religious Preaching Law of 1984 which was enacted by then military governor, Air Commodore Usman Muazu, and amended by two other military governors. Governor El-Rufai decided to subject the law to democratic scrutiny and debate through the Kaduna State House of Assembly. 
 
Kaduna State is implementing a residency card registration programme to know who lives in the state. In the interest of public safety and order, it is prudent to know the places of worship in the state and ascertain who the preachers are by licensing them. The law also penalises the use of derogatory terms against any religion, the disturbance of religious worship and ceremonies and the destruction or desecration of places of worship. 
 Features of the Religious Preaching (Regulation) Law, 2019: 
 
1. Preachers must be licensed. 
 
2. Establishes the State Interfaith Religious Council as a 14-member charged with issuance of licences to religious preachers based on recommendations from the Local Government Interfaith Committee. This Council will have two members each representing the Christian and Muslim faiths, along with public servants and representatives of the police, the DSS, the Nigerian Security and Civil Defence Corps and the State Vigilance Service. 
 
3. The Interfaith Committee in every local government will be an 18-member body with powers to consider, screen and recommend to the State Interfaith Regulatory Council all applications for the grant of license to religious preachers. Membership will include five representatives each of the Christian and Muslim faiths, officials of the security agencies and two representatives of the traditional institution in that local government area. The Local Government Interfaith Committee may issue preaching permits for invited or sponsored preachers for the duration of the programme or event. It will also monitor compliance with the terms of the preaching licenses or permits that have been issued. 
 
4. Defines a designated place of worship as: 
 
a. “A building constructed with permission sought for an obtained from the Kaduna State Urban Development and Planning Agency (KASUPDA) for the purpose of religious worship; or 
b. “A building or place for which temporary permission has been sought for and obtained from the Nigerian Police for the purpose of carrying out a religious programme or event.” 
 
5. Punishes the following offences: 
 
a. Religious recordings on electronic devices can only be played in a private homes or vehicles; inside the entrance porch of homes or in a church, mosque or designated place of worship; 
b. Religious recordings using abusive language against any person or religious organisation or religious leaders is prohibited; 
c. Any person who publicly insults or seeks to incite contempt of any religion by making false statement in such a manner as to be likely to lead to a breach f the peace shall be punished with imprisonment for a term not less than five years or with a fine or both; 
d. Unlawful destruction, damage or desecration of any place of worship or any place held sacred by any person or class of persons will attract a sentence of not more than five years’ imprisonment or fine of not less than N100,000. 
e. Disturbance of the performance of religious worship or religious ceremony attracts a sentence of two years’ imprisonment or N100,000 fine, or both. 
f. Insulting the religion of another person, committing indignity on a corpse or disturbing a funeral ceremony will fetch the culprit two years’ imprisonment, a fine of N100,000, or both. 
 
The following offences will upon conviction attract a sentence of two years’ imprisonment or a N200,000 fine, or both: 
 
1. Preaching without licence; 
2. Playing religious cassette or using loudspeakers for religious purposes between the hours of 11pm to 4am in a public place; 
3. Using a loudspeaker for religious purposes other than inside a Mosque or Church and the surrounding area outside recognised prayer times; 
4. Using a loudspeaker in vehicles plying the streets with religious recordings; 
5. Abusing special religious books or religious leaders of any faith; 
6. Inciting disturbances of the public peace through religious preaching; 
7. Abusing or using any derogatory term in describing any religion; 
8. Carrying weapons of any description whether concealed or not in places in places of worship or religious preaching; 
9. Disturbing any lawful religious assembly; 
10. Aiding and abetting the commission of any of the offences above. 
 
What Led To Enactment of the 1984 Regulation of Religious Preaching Law 
 
In the 1980s, one Mohammed Marwa, more famously known as Maitatsine, brought chaos to Kano after years of preaching a strange form of Islam. It required the might of the Nigerian Army to crush the sect and bring the siege of Kano to an end. 
 
Following Maitasine’s defeat in Kano, sporadic clashes with members of his sect occurred across the north over a few years. 
 
As military governor of Kaduna State, Air Commodore Usman Muazu took steps in 1984 to insulate his state from the consequences of irresponsible religious preaching. On 14 August 1984, he passed an Edict No. 7 to regulate religious preaching. 
 
As the explanatory note to the 1984 edict stated, “the purpose of the Edict is to permit only learned and responsible religious preachers to preach in the state”. 
 
Section 10 of the 1984 edict specified imprisonment for a maximum years or a fine or both for persons convicted for the following offences: 
 
1. Preaching without licence; 
2. Playing religious cassette in a public place; 
3. Using a loudspeaker for religious purposes other than inside a Mosque or Church and the surrounding area outside; 
4. Abusing special religious books meant for special religious groups; 
5. Using the term “infidels”, “non-Islamic”, or “pagans” in describing other religious groups; 
6. Carrying weapons of any description whether concealed or not in places in places of worship or religious preaching. 
 
Two of Air Commodore Muazu’s successors as military governors of Kaduna State amended the edict to stiffen or relax penalties for violation. With Edict No. 2 of 1987, Lt. Col. Abubakar Dangiwa Umar increased the penalty upon conviction to five years without the option of fine. 
 
Edict No. 2 of 1987 also amended the offences in the 1984 law by including: 
 
1. Inciting disturbance of the public peace through preaching 
2. Abusing or using any derogatory term to describe any religion 
 
The Regulation of Religious Preaching Edict remained on the statute books of the state as extant law. In 2015, Malam Nasir El-Rufai decided that such an important law, made during military rule, be reviewed and subjected to democratic scrutiny and debate. 
 
Proposed amendments were sent to the Kaduna State House of Assembly which has now passed the Religious Preaching (Regulation) Law, 2019 and repealed the Kaduna State Regulation of Religious Preaching Law, 1991. 
 
In 2016, the Kaduna State Government had to step in to end the violent acrimony that had engulfed the Assemblies of God Church in Saminaka. The government also helped to peacefully resolve the problem over who should be the Imam of the Sultan Bello Mosque. 
 
Kaduna State’s new law to regulate religious preaching outlaws the use of religion for incitement and encourages respect for the rights of others and compliance with the law in the practise of faith. 
 
The new law is yet to be signed by the governor, but it is expected to help return religion to the private sphere, encourage respect for the religious rights of other people and reduce the potential for conflict.The amended law is viewed by experts as another strong effort to remove impediments to religious freedom, as it will allow people to safely focus on the spirituality and rigours of their faith, while removing the poison of incitement, desecration of places of worship and the use of derogatory language. 
 
The Kaduna State House of Assembly commendably passed the executive bill to regulate religious preaching in the state. Since 1980, Kaduna State has had too many incidents of ethno-religious violence, often with tragic consequences. Many mixed neighbourhoods in Kaduna, the state capital, have since the 1980s become exclusive enclaves of adherents of specific religions. 
 
In 1987, religious riots broke out from the College of Education, Kafanchan, and spread to other parts of the state, including Kaduna and Zaria. In 2000, Kaduna metropolis exploded over the Sharia matter, taking many lives and property. Zamfara which birthed the Sharia movement was untouched. 
 
While Kaduna is not the only state that has suffered religious violence, it has paid the heaviest price, apart from the states at the epicentre of Boko Haram terrorism. Leaders of faith must possess the necessary prerequisites, certifications and approvals for responsibly discharging their vital spiritual roles. It is in the social interest for the practice of faith to be conducted in a tolerant manner that respects public safety and the rights of others. 
 
In 2015, Malam Nasir El-Rufai began efforts to remove the dangers that may arise from irresponsible religious preaching. He proposed amendments to the Regulation of Religious Preaching Law of 1984 which was enacted by then military governor, Air Commodore Usman Muazu, and amended by two other military governors. Governor El-Rufai decided to subject the law to democratic scrutiny and debate through the Kaduna State House of Assembly. 
 
Kaduna State is implementing a residency card registration programme to know who lives in the state. In the interest of public safety and order, it is prudent to know the places of worship in the state and ascertain who the preachers are by licensing them. The law also penalises the use of derogatory terms against any religion, the disturbance of religious worship and ceremonies and the destruction or desecration of places of worship. 
 
Muyiwa Adekeye was special adviser to Governor Nasir El-Rufai on Media and Communication. He is yet to be reappointed as at this date.

Latest-News Facts About The Kaduna State Religious Preaching (Regulation) Law 2019

By Muyiwa Adekeye Kaduna State’s new law to regulate religious preaching outlaws the use of religion for incitement and encourages respe...

DSS, police must withdraw from AIT premises immediately – Falana

08:21 Unknown 0

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Human rights lawyer, Mr. Femi Falana (SAN), has said it is expected that the police and the Department of State Services will withdraw their ‘armed goons’ from the premises of the Africa Independent Television and Raypower 100.5FM immediately. 
 
Falana said this in a statement on Saturday while congratulating Daar Communications for gaining its TV and radio licences back. 
 
The human rights lawyer, who was incarcerated several times by different military regimes, said the shutdown of the stations was reminiscent of the dark era of military dictatorship. 
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He said, “The closure of media houses was a common phenomenon under the defunct military dictatorship in Nigeria. Since the restoration of civil rule 20 years ago, the dangerous trend has continued under successive regimes either through military invasion of media houses or seizure of copies of newspapers. 
 
“The NBC has just lifted the suspension of the licences of the AIT and Raypower FM Radio stations in compliance with the ex parte order granted by the federal high court. It is hoped that the authorities of the Nigeria Police Force and State Security Service will withdraw the armed goons mounting siege to the compound of the AIT/Raypower FM stations without any delay.” 
 
The senior advocate said as far as democratic forces in the country were concerned, the battle for press freedom had been won, once again. 
 
He, however, described the victory as temporary and should be celebrated with caution. 
 
Falana added, “Even under the most vicious military junta in Nigeria the courts ordered the reopening of the premises of the National Concord and Punch newspapers which were illegally closed down and occupied for months by armed troops. And the court orders were complied with by the military dictators.” 
 
The senior advocate said the National Broadcasting Commission had powers to regulate broadcasting regulations under the law but the powers were not absolute. 
 
He said such powers must be in accordance with the constitution which also guarantees press freedom. 
 
The activist said the NBC can obtain court orders against errant stations when necessary instead of acting in a manner that seems dictatorial. 
 
Falana added, “No doubt, the NBC has been empowered by the NBC Act to regulate all broadcasting organisations in the country. But in exercising its wide powers NBC has to be made to appreciate that it can no longer operate outside the ambit of the constitution as was the case under military rule. 
 
“But as no freedom is absolute the NBC may be compelled by unforeseen circumstances to suspend a media house in the public interest. For instance, a broadcasting house that decides to announce fake result of a general election may be temporarily shut down. Even in such an emergency situation, the NBC will be required, as soon as possible thereafter, to apply for a court order to legitimise the closure. 
 
“Alternatively, the NBC may request the Attorney-General to charge a media house for breaching the provisions of the NBC Act or penal statutes. Otherwise, the powers of the NBC may be arbitrarily exercised to the detriment of law and order in the society.”

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AIT, Raypower FM still breaking broadcasting code, NBC laments

08:11 Unknown 0

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The National Broadcasting Commission has said barely 24 hours after restoring the radio and television licences of Daar Communications Plc, its stations, Africa Independent Television and Raypower 100.5FM have begun breaching the broadcasting code. 
 
The NBC said this in a statement on Saturday. 
 
The statement read in part, “The National Broadcasting Commission wishes to take note of the ex parte order granted by the Federal High Court Abuja division on June 7, 2019 to Daar Communications Plc. 
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“The ex parte order was sequel upon a motion ex parte dated May 30, 2019 and filed on May 3, 2019, by Daar Communications Plc. 
 
“This was before the directive from the NBC suspending the broadcasting licence of Daar Communications Plc on June 6, 2019. 
 
“The commission also notes the continued breach of the Nigeria Broadcasting Code by Daar Communications Plc.” 
 
The commission, which shut down the stations on Thursday for alleged breach of the broadcasting code, was forced to lift the suspension on Friday following a court order. 
 
The suspension elicited harsh criticisms from rights groups including Amnesty International. 
 
Many believed that the founder of Daar Communications Plc, Chief Raymond Dokpesi, who is a chieftain of the opposition Peoples Democratic Party, was being victimised by the Director-General of the NBC, Kawu Modibbo, who is a chieftain of the ruling All Progressives Congress. 
 
Although the suspension was lifted on Friday, policemen and operatives of the Department of State Services laid siege to the premises of the company on Saturday.

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NBC illegally approved 16 radio stations — Group

08:11 Unknown 0

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A civil rights organisation under the aegis of Coalition Against Corruption and Bad Governance on Saturday said it uncovered 16 illegal radio licences approved by the Director-General of the National Broadcasting Commission, Mallam Kawu Modibbo. 
 
The organisation alleged that while six of them were for his private firm, Word, Sound and Vision Multimedia Limited; another 10 were approved for companies which did not apply or were not on the list approved by President Muhammadu Buhari. 
 
The Chairman of the group, Alhaji Toyin Raheem, in a statement, claimed that a former Secretary to the Government of the Federation was one of the 10 beneficiaries of the radio licences recently issued by the NBC. 
 
The group demanded that the Presidency should direct its anti-corruption agencies to investigate the findings. 
 
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But when contacted, the spokesperson for the NBC, Ekanem Antia, told journalists that the allegations were not new. 
 
He said, “It is an allegation and the allegation is not new. That same group had petitioned the ICPC. I wouldn’t want to make any comment now. Let the relevant anti-graft agencies do their investigation and I wouldn’t want to preempt their findings.” 
 
Raheem threatened that should the Federal Government and its anti-graft agencies fail to act by probing the allegations, the group “will be left with no other option but to go to court.” 
 
Meanwhile, the NBC has said barely 24 hours after restoring the radio and television licences of Daar Communications Plc, its stations, Africa Independent Television and Raypower 100.5FM have continued to breach the broadcasting code. 
 
The NBC, in a statement on Saturday, said, “The National Broadcasting Commission wishes to take note of the ex parte order granted by the Federal High Court Abuja division on June 7, 2019 to Daar Communications Plc. 
 
“The ex parte order was sequel upon a motion ex parte dated May 30, 2019 and filed on May 3, 2019 by Daar Communications Plc. This was before the directive from the NBC suspending the broadcasting licence of Daar Communications Plc on June 6, 2019. 
 
“The commission also notes the continued breach of the Nigeria Broadcasting Code by Daar Communications Plc.”

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Ohanaeze youths seek return of Bakassi Boys to secure South-East

07:51 Unknown 0

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The Ohanaeze Ndigbo Youth Council on Saturday called on the governors in the South-East to ensure the reformation of the Bakassi Boys to safeguard the region. 
 
The group lamented that herdsmen were terrorising the region like they were doing in other parts of the country. 
 
The President-General of the group, Okechukwu Isiguzoro, said this in a statement in Abakaliki, the Ebonyi State capital. 
 
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Recall that a press statement was alleged to have surfaced online, claiming that the Miyetti Allah Cattle Breeders Association of Nigeria planned to attack the South-East governors and their people. 
 
But the Chairman of MACBAN in the zone, Gidado Siddiki, said the purported statement emanated from mischiefmakers and not his members, adding that the group maintained a cordial relationship with the South-East governors and their people. 
 
The OYC called on the leadership of the incoming Houses of Assembly in Abia, Ebonyi, Enugu and Imo states, including Anambra, to immediately enact laws for the establishment of special vigilance groups to protect boundaries in Igboland. 
 
The statement read in part, “Ohanaeze Ndigbo Youth Council Worldwide which has silently studied the recent threat of genocidal ethnic cleansing by Miyetti Allah Cattle Breeders Association of Nigeria against the people of the South East for ‘their alleged stubbornness’ and subsequently the denial of Gidado Siddiki for his apologies and explanations to our people. 
 
“The apologies are dead on arrival as it’s a diversionary tactic to take the people of South-East unawares to douse the already soaked tension emanating from the leaked alleged statement. 
 
“We will not take laws into our hands to fight back, but rather as a matter of urgency, we call for the quick return of dreaded Bakassi Boys with special mandate to engage the armed herdsmen or the establishment of fierce and vibrant vigilant groups. 
 
“We call on the incoming leadership of Houses of Assembly in Abia, Ebonyi, Enugu and Imo States, and in Anambra to proceed without delay to enact laws to establish local vigilante groups with special mandate to protect our boundaries and fish out armed herdsmen.” 
 
Meanwhile, the Indigenous People of Biafra has alleged that there was a grand plan by Fulani herdsmen to overrun many parts of the country. 
 
The group’s Media and Publicity Secretary, Emma Powerful, stated this in a statement on Saturday. 
 
The statement read in part, “Middle Belt nationalities, Yoruba groups and northern Christians are advised not to relent in the collective effort to stop this latest attempt to attack many.’’

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Dangote sets up peace meeting to resolve Ganduje, Sanusi row

07:51 Unknown 0

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Kano State Governor Abdullahi Ganduje and the Emir of Kano Muhammadu Sanusi II held a peace meeting in Abuja on Friday, indicating that reconciliation between the duo was in sight. 
 
The pair have endured a frosty relationship since Ganduje won the governorship election in the state under controversial circumstances. 
 
The former Central Bank Governor allegedly supported the candidate of the Peoples Democratic Party Abba Yusuf for the poll in a bid to deny Ganduje a second term. 
 
The governor then moved ahead to carve up the age-long Kano Emirate, creating four new emirates – Bichi, Gaya, Karaye and Rano – apparently to reduce Sanusi’s influence. 
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Last week, the Kano State Public Complaints and Anti-Corruption Commission recommended the suspension of the emir over alleged misappropriation of N3.4bn by the Kano Emirate Council. 
 
But a statement by the Chief Press Secretary to Governor, Abba Anwar, said a meeting to resolve the war between Ganduje and Sanusi was initiated by Kano-born businessman, Aliko Dangote, and the Chairman of Nigeria Governors’ Forum, Kayode Fayemi. 
 
According to the statement, President Muhammadu Buhari has nothing to do with the meeting. 
 
Anwar said, “As the two leaders met, they congratulated each other for the successful completion of the Ramadan fast and the Eid-el-fitr celebration. 
 
“Emir Sanusi seized the opportunity to congratulate Governor Ganduje on the victory in his second term in office. He also wished the governor successful tenure in office.” 
 
Sanusi also, on Saturday, replied the query issued to him by the Kano State Government on the allegedly mismanaged N3.4bn in the emirate council. 
 
The acting Secretary of the Kano Emirate Council, Abba Yusuf, said Sanusi could not be held responsible for the alleged funds’ misappropriation since he was neither the accounting officer nor the council’s secretary. 
 
Also, Yusuf said as of the time Sanusi was installed as emir in 2014, the council had only N1,893,378,927.38, an amount far less than the N3.4bn the Kano State anti-graft commission said was mismanaged between 2014 and 2017.

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Whistleblower sues FG over alleged N1.9 Billion commission default

07:51 Unknown 0

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A whistleblower (name withheld), who exposed a secret account with a balance of $223m (N80.2bn) has sued the Federal Government and the Attorney General of the Federation for failing to pay him the N1.9bn commission promised him for exposing corruption. 
 
In a suit filed before a FCT High Court vide a writ of summons dated June 7, 2019 by his lawyer, Aliyu Alemu, of Aliyu Alemu and Co, the whistleblower prayed the court to compel the Federal Government to fulfil its promise. 
 
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In the writ of summons, which was brought under the undefended list procedure (Order 4 Rule, Order 21 Rule 1 of the FCT High Court Civil Procedure Rules 2018), the plaintiff asked the court to order that he was entitled to be paid by the Federal Government and AGF the sum of N1, 914, 794, 676 being the whistleblower reward accruing to him. 
 
He also asked the court to direct the defendants to pay him the money immediately and order that a post-judgment interest in respect of the commission at the rate of 10 per cent per annum until the final liquidation of the N1.9bn. 
 
The whistleblower also asked the court to order that the sum of N10m be paid by the Federal Government as legal fees for filing the court process. 
 
In the affidavit in support, the whistleblower said in June 2018, he informed the AGF of the existence of a bank account with $223m bearing the name ‘NNPC Brass LNG INV. Fund’ with number 1750027157 domiciled in Skye Bank (now Polaris Bank). 
 
The money was kept in the bank in violation of the Treasury Single Account policy of the Muhammadu Buhari government. 
 
The Group Managing Director of the NNPC, 14 persons (all NNPC officials) were listed as signatories to the account. 
 
Some of the names of signatories are the NNPC GMD, Maikanti Baru, with BVN 22169280709; NNPC Group General Manager, Babatunde Victor Adeniran, with BVN 22144631650; Head of Marketing, Mele Kolo Kyari, with BVN 22206528997; and Group General Manager, Research and Development, Surajudeen Bolanle Afolabi, with BVN 22215178271. 
 
Upon reporting the matter to the AGF, the whistleblower was said to have been referred to the Special Investigation Panel and briefed the team on his findings. 
 
He subsequently accompanied members of the panel to the bank where top officials were arrested. 
 
Members of the bank’s board were also invited by the panel where they were said to have complained that transferring all the money to the CBN in one fell swoop would affect the bank negatively and pleaded for the option of paying in instalments. 
 
After playing his part, the whistleblower signed a bond along with the AGF, which was witnessed by Ladidi Mohammed, Head, Asset Recovery and Management Unit at the AGF’s office. 
 
A copy of the bond dated June 14, 2018  stated in part that, “any recovered amount from N5bn and above attracts a flat/definite reward of two and a half per cent of the recovered sum.” 
 
It further stated that the commission would become due and payable to the whistleblower ‘within 30 days’ of the receipt of the recovered/looted funds by the Federal Government and payment shall be made to the designated/nominated account provided in writing by the whistleblower. 
 
The whistleblower said in his affidavit that despite putting his life and the safety of his family at risk to expose corruption, the Federal Government failed to honour its pledge. 
 
He said the letters he wrote to the President, AGF and other relevant authorities didn’t receive a favourable response, hence he decided to take the matter to court. 
 
Attached as evidence were the agreement he signed with the AGF, a letter written to the President, the statement he wrote in the AGF’s office and a sworn affidavit. 
 
The whistleblowing policy was introduced by the Buhari administration in 2016. 
 
The policy aims to promote the reporting of corrupt activities by giving incentives and commissions to whistleblowers. 
 
Although the Federal Government claimed last month that N605bn had been recovered through the policy, there have been complaints about commissions being delayed or not being paid by the government.